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Introduction Ipr

Intellectual Property (IP) encompasses creations of the mind, including inventions, artistic works, and symbols, while Intellectual Property Rights (IPR) provide legal protections to creators against unauthorized use. IPR is crucial for fostering innovation and economic growth, particularly in industries like pharmaceuticals, and includes various forms such as patents, copyrights, and trademarks. The document outlines the nature, characteristics, and historical evolution of IPR, emphasizing its role in promoting creativity and protecting the interests of creators.

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0% found this document useful (0 votes)
10 views11 pages

Introduction Ipr

Intellectual Property (IP) encompasses creations of the mind, including inventions, artistic works, and symbols, while Intellectual Property Rights (IPR) provide legal protections to creators against unauthorized use. IPR is crucial for fostering innovation and economic growth, particularly in industries like pharmaceuticals, and includes various forms such as patents, copyrights, and trademarks. The document outlines the nature, characteristics, and historical evolution of IPR, emphasizing its role in promoting creativity and protecting the interests of creators.

Uploaded by

Arya Verma
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Introduction- IPR

Intellectual Property (IP) deals with any basic construction of human intelligence
such as artistic, literary, technical or scientific constructions. Intellectual Property
Rights (IPR) refers to the legal rights granted to the inventor or manufacturer to
protect their invention or manufacture product. These legal rights confer an
exclusive right on the inventor/manufacturer or its operator who makes full use
of it’s his invention/product for a limited period of time.
In other words, we can say that the legal rights prohibit all others from using the
Intellectual Property for commercial purposes without the prior consent of the IP
rights holder. IP rights include trade secrets, utility models, patents, trademarks,
geographical indications, industrial design, layout design of integrated circuits,
copyright and related rights, and new varieties of plants. It is very well settled
that IP plays an important role in the modern economy.
There are many types of intellectual property protection. A patent is a
recognition for an invention that satisfies the criteria of global innovation, and
industrial application. IPR is essential for better identification, planning,
commercialization, rendering, and thus the preservation of inventions or
creativity. Each industry should develop its speciality based on its IPR policies,
management style, strategies, and so on. Currently, the pharmaceutical industry
has an emerging IPR strategy, which needs better focus and outlook in the
coming era.
IPR is a strong tool, to protect the investment, time, money, and effort invested
by the inventor/creator of the IP, as it gives the inventor/creator an exclusive
right for a certain period of time for the use of its invention/creation. Thus, IPR
affects the economic development of a country by promoting healthy
competition and encouraging industrial growth and economic growth. The
present review presents a brief description of IPR with particular emphasis on
pharmaceuticals.

Meaning of intellectual Property


Intellectual Property can be defined as inventions of the mind, innovations, literary and
artistic work, symbols, names and images used in commerce. The objective of
intellectual property protection is to encourage the creativity of the human mind for the
benefit of all and to ensure that the benefits arising from exploiting a creation benefit the
creator. This will encourage creative activity and give investors a reasonable return on
their investment in research and development.
IP empowers individuals, enterprises, or other entities to exclude others from the use of
their creations. Intellectual Property empowers individuals, enterprises, or other entities
to exclude others from the use of their creations without their consent.
According to Article 2 of the WIPO (World Intellectual Property Organisation) – Central
Organisation for the protection of Intellectual Property Laws and the expert organization
of the UN, “”Intellectual Property shall include the rights relating to literary, artistic and
scientific works, inventions in all fields of human endeavour, scientific discoveries,
industrial designs, trademarks, service marks and commercial names and designations,
protection against unfair competition, and all the other rights resulting from intellectual
activity in the industrial, scientific, literary or scientific fields.””

Meaning of intellectual property rights


The intellectual property right is a kind of legal right that protects a person’s artistic
works, literary works, inventions or discoveries or a symbol or design for a specific period
of time. Intellectual property owners are given certain rights by which they can enjoy
their Property without any disturbances and prevent others from using them, although
these rights are also called monopoly rights of exploitation, they are limited in
geographical range, time and scope.
As a result, intellectual property rights can have a direct and substantial impact on
industry and business, as the owners of IPRs one can enforce such rights and can stop
the manufacture, use, or sale of a product to the public. IP protection encourages
publication, distribution, and disclosure of the creation to the public, rather than keeping
it a secret and to encourage commercial enterprises to select creative works for
exploitation.

Nature of intellectual Property


 Intangible Rights over Tangible Property: The main Property that
distinguishes IP from other forms of Property is its intangibility. While
there are many important differences between different forms of IP, one
factor they share is that they establish property protection over
intangible things such as ideas, inventions, signs and information
whereas intangible assets and close relationships are a tangible object.
In which they are embedded. It allows creators or owners to benefit
from their works when they are used commercially.
 Right to sue: In the language of the law, IP is an asset that can be
owned and dealt with. Most forms of IP are contested in rights of action
that are enforced only by legal action and by those who have rights. IP
is a property right and can, therefore, be inherited, bought, gifted, sold,
licensed, entrusted or pledged. The holder of an IPR owner has a type
of Property that he can use the way he likes subject to certain
conditions and takes legal action against the person who without his
consent used his invention and can receive compensation against real
Property.
 Rights and Duties: IP gives rise not only to property rights but also
duties. The owner of the IP has the right to perform certain functions in
relation to his work/product. He has the exclusive right to produce the
work, make copies of the work, market work, etc. There is also a
negative right to prevent third parties from exercising their statutory
rights.
 Coexistence of different rights: Different types of IPRs can co-exist in
relation to a particular function. For example, an invention may be
patented, and the invention photograph may be copyrighted. A design
can be protected under the Design Act, and the design can also be
incorporated into a trademark. There are many similarities and
differences between the various rights that can exist together in IP. For
example, there are common grounds between patent and industrial
design; Copyright and neighbouring rights, trademarks and
geographical indications, and so on. Some intellectual property rights
are positive rights; the rest of them are negative rights.
 Exhaustion of rights: Intellectual property rights are generally subject to
the doctrine of exhaustion. Exhaustion basically means that after the
first sale by the right holder or by its exhaustion authority, his right
ceases and he is not entitled to stop further movement of the goods.
Thus, once an IP rights holder has sold a physical product to which IPRs
are attached, it cannot prevent subsequent resale of that product. The
right terminates with the first consent. This principle is based on the
concept of free movement of goods which is in force by consent or right
of the rights holder. The exclusive right to sell goods cannot be
exercised twice in relation to the same goods. The right to restrict
further movements has expired as the right holder has already earned
his share by the act of placing goods for the first sale in the market.
 Dynamism: IPR is in the process of continuous development. As
technology is rapidly evolving in all areas of human activities, the field
of IP is also growing. As per the requirement of scientific and
technological progress, new items are being added to the scope of IPR,
and the scope of its preservation is being expanded. Bio Patents,
Software Copyrights, Plant Diversity Protection, these are few names
which reflect contemporary developments in the field of IPR. The
importance of intellectual property and its mobility is well established
and reflected at all levels, including statutory, administrative and
judicial.

Nature & characteristics of Intellectual


Property Right:
(1) Intangible property:
IP[1]does not cover the created physical object but retains the conceptual
development behind the physical object . Intellectual property law does
not deal with the material object in which works of the mind have
represented . The main feature which distinguishes IP from other types of
property in its intangibility
IP is about a person’s ability to produce a new idea and put it before the
public. Intellectual property: The product does not have any property as
such but the strength, judgement, and initiative of the mind that is
included in the product. This generates more theoretical value Intangible
product. IPR[2] is awarded in a specific authorship work, mark, design,
etc. For the integration[3] of ideas.
(2) Rights & duties
IP not only gives rise to rights of ownership but also to duties. In relation
to his work/product, the IP owner has the right to conduct such actions. He
is entitled exclusively to produce, copy the work, market the work, etc. He
has a negative right also to rule out the exercise of his statutory rights for
third parties. In this way, IPR law grants the proprietor’s [4] exclusive right
to exclusion [5].
The reciprocal requirement must not be infringed on the right by all
others. The privilege resulting from the application of IP law gives the
owner the right to use the job. Such a right does not extend to others
except the IP holders.
(3) creation of statute:
Intellectual property is derived from common law, and it is covered under
specific laws.
In accordance with relevant legislation, IPRs are statutory rights.
Intellectual property, to put it differently, is statute formation. The right
holder is protected by proposals, technical solutions or any other
knowledge conveyed in a legally acceptable manner and subject in some
instances to registration procedures.
In addition in the case of certain types of IPR, as is the case for patents
and product designs the registration of the work is compulsory According
to the applicable legislative requirements, whereas it is voluntary to
register with respect to certain other forms of IPR such as trademarks,
copyrights or geographical indications.
Some other formalities must be met to obtain such IP privileges. For
example, microorganism patent. Similarly, it is a must for the
divulgation[6] of an invention to secure a patent. IPR award is exclusively
conditional on all statutory requirements.
(4) Territoriality
Intellectual property laws are mainly territorial and apply only within the
relevant competence. Although the TRIPS agreement sets the minimum
standard in its respective municipal laws for all nations, the IP laws around
the world are not harmoniously [7]United. Full IPRs legislation is not in
effect.
To order to secure and implement their IPR, developers and inventors of
different kind of IPs have to comply with their national law and
jurisdictions. The extent of security depends on the national legislation in
question.
(5) Assignable
They should obviously be granted[8] because they are privileges. A
dichotomy between rights to intellectual property and the actual form in
which the work is embedded is conceivable. IP may be bought, sold or
licensed, employed, or affiliated.
(6) Dynamism
The IPR is constantly changing. The IP sector is also developing
accordingly, as technology in all areas of human activities is changing
exponentially. In accordance with the demand for scientific and
technological advancement the scope of its defense is being extended
and new items are being added to the IPRs sector.
Copyright and protection of plant variety are mentioned as a few of the
current developments in the field of IPR. Technological progress and social
development require a steady reassessment of the IPR system. In the
technological era, developments particularly in the field of IT and
biotechnology, require the regular review of IPRs.
(7) subject to public policy
They are exposed to the profound incarnation[9] of public policy. IP seeks
to maintain and find a suitable reconciliation between two competing
interests. On one hand, customers try to take up works without much
trouble, and on the other hand, the owners of intellectual rights need to
be adequately compensated.
(8) subject matter of IPR protection
Intellectual property rights eligibility depends on the protection issue.
Also, products specifically identified and acknowledged in the Law as the
subject of protection are entitled to intellectual property rights. While the
minimum requirements laid down in law may be included, protection may
still be defined if it is expressly omitted from the subject matter entitled to
protection.
Scope of intellectual Property
The scope of IP rights is broad; two classification modes are used to determine whether
IP is copyright or Industrial Property. Industrial properties include patents or inventions,
trademarks, trade names, biodiversity, plant breeding rights and other commercial
interests. A patent gives its holder the exclusive right to use the Intellectual Property for
the purposes of making money from the invention.
An invention is itself a new creation, process, machine or manufacture. Having copyright
does not give you the exclusive right to an idea, but it protects the expression of ideas
that are different from a patent. Copyright covers many fields, from art and literature to
scientific works and software.
Even music and audio-visual works are covered by copyright laws. The duration of
copyright protection exists 60 years after the death of the creator. In other words, an
author’s book is copyrighted for his entire life and then 60 years after his death. Unlike
patent laws, there is no requirement of the administrative process in copyright laws.
History Of IPR:
Intellectual Property law dates at least as far back as medieval Europe. The first
known use of the term Intellectual Property dates back to the time, when an article
published in the Monthly Review in 1769 used it as a phrase.[6]

The history and origin of patents, copyrights, trademark and its emergence
at global level have been explained further:
1. Origin And History Of Patents:

The origin of patents can be dated back to the year 1331. On 16th July, 1331,
King Edward III of England created history by providing King's protection
through a letter's patent. It was given to a Flemish weaver of woolen clothes
by the name John Kemp. Kemp was allowed by the monarch to exploit his
invention and conduct trade on woolen clothes made by his craft in England.

Besides, he also got the right to teach his weaving technique to people he
chose to. Thus, the protection gave Kemp exclusive rights to work and
disseminate his knowledge and skills. In many ways, this case lies at the root
of the present day patents.

Patents evolved from letters patent which were given by the monarchs that
granted monopoly over particular industries with new techniques. This power
was used mostly for raising money for the crown and was abused most of the
times. Elizabeth I used this system on a large scale, issuing patents even for
common commodities like salt, starch, etc. These odious monopolies led to a
conflict between the Parliament and the Crown, which was finally settled in
1601. It was decided that the power to administer patents would be turned
over to the common law courts. [7]

At the same time, Elizabeth I revoked many other restrictive and damaging
monopolies. However, James I, Elizabeth's first successor continued using
patents to create monopolies. But, after public outcry, James I of England was
forced to revoke all existing monopolies. This was incorporated into the
Statute of Monopolies in which the Parliament restricted the power of the
Crown explicitly so that letter patents could be introduced to the inventors of
original inventions for a fixed number of years.

Origin In India:
The 1st legislation in India relating to patents was the Act VI of 1856. The
objective was to encourage inventions and to induce inventors to disclose
secret of their inventions. Later, to grant exclusive privilege, a fresh legislation
was introduced as Act XV of 1859. However, in 1872, the act was renamed as
The Patterns and Designs Protection Act. The act remained in force for 30
years with only 1 amendment in the year 1883.

The Indian Patents and Design Act replaced all the previous laws in India. In
this act, provisions relating to grant of secret patents, patent of addition, and
increase of term of patent from 14 years to 16 years were made. Later, after
independence, various committees were made to examine the revisions in the
law and thus a bill was introduced in the Lok Sabha in 1965 which however
lapsed. Though it lapsed in 1965, in 1967, an amended bill was introduced
and then on the final recommendation of the committee, the Patents Act,
1970 was passed which is presently used in India.

2. Origin And History Of Copyright:

Copyright developed quite similarly as the patents, by which certain authors


and printers were given exclusive rights to publish books and other materials.
The motive behind this was not to protect the author's right but to raise the
revenues of the government and to give control to the government for
controlling publications.

For example, in the year 1556, the establishment of the Stationers'


Company's monopoly in England was intended solely to help limit the
Protestant Reformation movement's power. The entire printing industry was
put in the control of the company and thus the government and the church
could prevent the dissemination of ideas.

The Statute of Anne which was passed in 1710 was a milestone in the history
of copyright law. It recognized that it is the authors who should be primary
beneficiaries of the copyright law and also recognized that such copyright
ideas should have limited duration (then set at 28 years), after which the work
would pass into public domain. Similar laws were enacted in United States in
1790 and in France in 1793.

Origin In India:
Copyright law entered in the year 1847 in India through an enactment during
the regime of the East India Company. At that time, the term of the copyright
was for 42 years plus 7 years post-mortem. The government could grant a
compulsory license for publishing a book if the owner of the copyright, upon
the death of the author, denied its publication. Registration of Copyright was
mandatory to enforce rights under this act.

In 1914, the then Indian legislature enacted a new Copyright Law under the
British Raj which was quite similar to United Kingdom Copyright Act, 1911.
However, there were few major differences. The most important one being- it
introduced criminal sanctions for copyright infringement under sections 7 to
12. The 1911 Act was amended many times until 1957 and thus, in the year
1957 the Copyright Act was enacted by independent India in order to suit to
the provisions of the Berne Convention. This 1957 Act has been amended
many times, the latest being in the year 2012.

3. Origin And History Of Trademark:

Trademarks have been used since the 13th century in England. Bakers were
the first ones to take advantage of trademark. In the year 1266, under the
reign of King Henry III, Trademark legislation was passed in England. Bakers in
England used a distinctive mark of their own to distinguish their products.

However, the origin of the first modern trademark legislation is dated by in


the year 1857 in France, followed by the Merchandise Act in England in 1862.
The oldest registered trademark in UK was in the year 1876- The Bass
Brewery's label which had three triangles logo for ale.

The dictum nobody has any right to represent his goods as the goods
of somebody else and nobody has the right to pass off his goods as
the goods of somebody else were established where a clothier who had
gained great reputation by putting his marks on clothes made by him was
used by another to deceive and make profits. The Courts thereafter followed
these principles as the law. They recognized such disputes and gave remedies
as 'passing off'.[8]

Origin In India:
India prepared the first act related to trademarks as Trademark Act, 1940
which was borrowed from British Trademark Act, 1938. Further, post
independence the Trade and Merchandise Act, 1958 was enacted. Various
amendments were made until 30th December 1999, when the Trade Mark Act,
1999 was enacted which is presently used in India.

The two key needs fulfilled under this act are- a) protect the owner from
disorder and duplicity of marks by competitors. b) secure trademark owner's
business and trade and also goodwill which is added to the trademark.

Why promote and protect Intellectual


Property?
There are several reasons for promoting and protecting intellectual property. Some of
them are:

1. Progress and the good of humanity remain in the ability to create and invent
new works in the field of technology and culture.
2. IP protection encourages publication, distribution, and disclosure of the
creation to the public, rather than keeping it a secret.
3. Promotion and protection of intellectual Property promote economic
development, generates new jobs and industries, and improves the quality of
life.
Intellectual Property helps in balancing between the innovator’s interests and public
interest, provide an environment where innovation, creativity and invention can flourish
and benefit all.

Kinds of intellectual Property


The subject of intellectual property is very broad. There are many different forms
of rights that together make up intellectual property. IP can be basically divided
into two categories, that is, industrial Property and intellectual property.
Traditionally, many IPRs were collectively known as industrial assets.
It mainly consisted of patents, trademarks, and designs. Now, the protection of
industrial property extends to utility models, service marks, trade names,
passes, signs of source or origin, including geographical indications, and the
suppression of unfair competition. It can be said that the term ‘industrial
property” is the predecessor of ‘intellectual property”.

Copyright
Copyright law deals with the protection and exploitation of the expression of ideas in a
tangible form. Copyright has evolved over many centuries with respect to changing ideas
about creativity and new means of communication and media. In the modern world, the
law of copyright provides not only a legal framework for the protection of the traditional
beneficiaries of copyright, the individual writer, composer or artist, but also the
publication required for the creation of work by major cultural industries, film; Broadcast
and recording industry; And computer and software industries.
It resides in literary, dramatic, musical and artistic works in ”original’ cinematic films, and
in sound recordings set in a concrete medium. To be protected as the copyright, the idea
must be expressed in original form. Copyright acknowledges both the economic and
moral rights of the owner. The right to copyright is, by the principle of fair use, a privilege
for others, without the copyright owner’s permission to use copyrighted material. By the
application of the doctrine of fair use, the law of copyright balances private and public
interests.

Patent
Patent law recognizes the exclusive right of a patent holder to derive commercial
benefits from his invention. A patent is a special right granted to the owner of an
invention to the manufacture, use, and market the invention, provided that the invention
meets certain conditions laid down in law. Exclusive right means that no person can
manufacture, use, or market an invention without the consent of the patent holder. This
exclusive right to patent is for a limited time only.
To qualify for patent protection, an invention must fall within the scope of the patentable
subject and satisfy the three statutory requirements of innovation, inventive step, and
industrial application. As long as the patent applicant is the first to invent the claimed
invention, the novelty and necessity are by and large satisfied. Novelty can be inferred
by prior publication or prior use. Mere discovery ‘can’t be considered as an invention.
Patents are not allowed for any idea or principle.
The purpose of patent law is to encourage scientific research, new technology, and
industrial progress. The economic value of patent information is that it provides technical
information to the industry that can be used for commercial purposes. If there is no
protection, then there may be enough incentive to take a free ride at another person’s
investment. This ability of free-riding reduces the incentive to invent something new
because the inventor may not feel motivated to invent due to lack of incentives.

Trademark
A trademark is a badge of origin. It is a specific sign used to make the source of goods
and services public in relation to goods and services and to distinguish goods and
services from other entities. This establishes a link between the proprietor and the
product. It portrays the nature and quality of a product. The essential function of a
trademark is to indicate the origin of the goods to which it is attached or in relation to
which it is used. It identifies the product, guarantees quality and helps advertise the
product. The trademark is also the objective symbol of goodwill that a business has
created.
Any sign or any combination thereof, capable of distinguishing the goods or services of
another undertaking, is capable of creating a trademark. It can be a combination of a
name, word, phrase, logo, symbol, design, image, shape, colour, personal name, letter,
number, figurative element and colour, as well as any combination representing a graph.
Trademark registration may be indefinitely renewable.

Geographical indication
It is a name or sign used on certain products which corresponds to a geographic location
or origin of the product, the use of geographical location may act as a certification that
the product possesses certain qualities as per the traditional method. Darjeeling tea and
basmati rice are a common example of geographical indication. The relationship between
objects and place becomes so well known that any reference to that place is reminiscent
of goods originating there and vice versa.
It performs three functions. First, they identify the goods as origin of a particular region
or that region or locality; Secondly, they suggest to consumers that goods come from a
region where a given quality, reputation, or other characteristics of the goods are
essentially attributed to their geographic origin, and third, they promote the goods of
producers of a particular region. They suggest the consumer that the goods come from
this area where a given quality, reputation or other characteristics of goods are
essentially attributable to the geographic region.
It is necessary that the product obtains its qualities and reputation from that place. Since
those properties depend on the geographic location of production, a specific link exists
between the products and the place of origin. Geographical Indications are protected
under the Geographical Indication of Goods (Registration and Protection) Act, 1999.

Industrial design
It is one of the forms of IPR that protects the visual design of the object which is not
purely utilized. It consists of the creation of features of shape, configuration, pattern,
ornamentation or composition of lines or colours applied to any article in two or three-
dimensional form or combination of one or more features. Design protection deals with
the outer appearance of an article, including decoration, lines, colours, shape, texture
and materials. It may consist of three-dimensional features such as colours, shapes and
shape of an article or two-dimensional features such as shapes or surface textures or
other combinations.
Plant variety
A new variety of plant breeder is protected by the State. To be eligible for plant diversity
protection, diversity must be novel, distinct and similar to existing varieties and its
essential characteristics under the Plant Protection and Protection Act, 2001 should be
uniform and stable. A plant breeder is given a license or special right to do the following
in relation to different types of promotional material:

1. Produce and reproduce the material


2. Condition the material for the purpose of propagation
3. Offer material for sale
4. Sell the materials
5. Export the materials
6. Import the materials
7. The stock of goods for the above purposes
Typically, countries are protecting new plant varieties through the Sui Genis system. The
general purpose of conservation is to encourage those who intend to manufacture,
finance, or exploit such products to serve their purpose, particularly where they
otherwise do not work at all.
The enactment of the Protection of Plant Varieties and ‘Farmers’ Rights Act 2001 is an
outcome of the India’sIndia’s obligation which arose from article 27(3)(b) of the TRIPs
Agreement of 2001 which obliges members to protect plant varieties either by patents or
by effective sui generic system or by any combination thereof India declined to protect
plant varieties by a sui generis law, i.e. the Plant Varieties Act.

How an average person benefits?


There are many benefits of acquiring intellectual property rights. For example, protecting
your IP may result in:

1. The increased market value of your business – IP can generate income for your
business through licensing, selling or commercializing protected products or
services. This, in turn, can improve your stock market or increase your profit.
In the case of a sale, merger or acquisition, registered and protected IP assets
can increase the value of your business.
2. Convert ideas into profitable assets – IP can help to convert creative ideas into
commercially successful products and services. For example, licensing your
patent or copyright can result in a steady stream of royalties and additional
income that can result in profitable assets.
3. Market the products and services of the business – IP is necessary to create an
image for your business like trademark, logo, or design of your product. So, it
will help in differentiating the product and advertise and promote it to the
customers.
4. Increase export opportunities for the business – IP can increase the
competition in export markets. One can use their brands and design for
marketing foreign goods and are looking for franchising agreements with
foreign companies or to export your patented products. Consumers won’t be
confident buying means without products or reliable services, international
trademark protection and enforcement machinery to discourage counterfeiting
and piracy.

Need for Sui Generis protection in IPR


“Sui Generis” stands for its own kind and includes a set of laws which are nationally
recognized and ways of extending plant variety protection other than through patents.
TRIPs themselves do not define what the meaning of Sui Generis is or should be. One of
the main purposes of the sui generis protection is that the exclusive monopoly granted
by the State should enable the real owners of traditional knowledge to be adequately
compensated for their contribution. It also refers to a law that can protect images
contained in construction, inventions, models, drawings, designs, innovations, figures,
emblems, petroglyphs, art, music, history and another traditional artistic feeling.
One of the main objectives of Sui generis protection granted by that exclusive monopoly
of the State should enable traditional ‘owner’s knowledge for adequate compensation of
their contribution towards economic growth. In general, it refers to a particular form of
protection, a form that is specifically adapted to a specific subject or specific
circumstances, which is specifically made for specific needs, priorities, and reality.
The “effective sui generis system” referred to in Article 27.3 (b) of the TRIPS
Agreement is clearly intended as an alternative to the patent system. In this regard, it is
useful to remember that the UPOV system was also established in 1961, which, as a
special type of protection, would cover only plant varieties and especially adapted plant
varieties, instead of the patent system. In this sense, the UPOV system was already
conceived as an alternative to the patent system in 1961 as a Sui Generis protection with
different provisions.
The need to Develop a suitable regime in the case of IPR to include traditional medicine
adequate measures for ‘sharing profit”. Codified System and measures of Traditional
Medicines are TKDL(Traditional Knowledge Digital Library) like databases is expected to
play a major role in preventing for bio-theft but non-codified.
Such as regulation of traditional medicine folklore practices, tribal practices etc. New
rules are urgently needed for creating patented ‘and Sui generis” system for the
preservation and promotion of our traditional knowledge Like some national-level
programs initiated by the National Innovation Foundation to enable non-traditional
traditional medical practices Identified, documented, standardized and better used for
therapeutic benefits as well as ailing mankind.

Conclusion
Intellectual property rights are monopoly rights that grant temporary privileges
to their holders for the exclusive exploitation of income rights from cultural
expressions and inventions. There must be good reasons for a society to grant
such privileges to some of its individuals, and so proponents of these rights
provide us with three widely accepted justifications to protect today’s inter-
global intellectual property rights.
It is clear that the management of IP and IPR is a multi-disciplinary task and calls
for many different functions and strategies that need to be aligned with national
laws and international treaties and practices. It is no longer fully driven from the
national point of view.
Different forms of IPR demand different treatment, handling, planning and
strategies, and individuals’ engagement with different domain knowledge such
as science, engineering, medicine, law, finance, marketing, and economics.
Intellectual property rights (IPR) have social, economic, technical and political
implications.
Leading rapid technology, globalization and fierce competition to protect against
infringement of innovations with the help of IPRs such as patents, trademarks,
service marks, industrial design registrations, copyrights and trade secrets. But
there is still a violation of intellectual property rights. The government is also
taking measures to stop them. There are laws regarding the prevention of
infringement of intellectual property rights.

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