Introduction
In the global knowledge based economy intellectual property creation and protection are of critical importance. Intellectual Property Rights (IPR) are statutory rights granted to the products of intellect i.e. rights granted for innovative and creative products/works. Like any other property rights IP can be sold, gifted, licensed and inherited. IPR covers patents, copyright, trademark, industrial designs, geographical indications, layout design of integrated circuits, new plant varieties and undisclosed information or trade secrets. Patents designs, trademarks and geographical indications are administered by the Controller General of Patents. Designs and Trademarks are under the control of the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry. Copyright is under the charge of MHRD. The Act on Layout design of Integrated Circuit is administered by the Ministry of Telecommunication and Information Technology. Protection of Plant Varieties and Farmer’s Rights Authority is administered by Ministry of Agriculture.
Components of IPR
A patent is an exclusive right granted by a country to the owner of an invention to make use, manufacture and market the invention. An invention may be defined as a novel idea which permits in practice the solution of a specific problem. For an innovation to be registered as patent, it must be new, involve an inventive step, capable of industrial application. Patents can be granted for products as well as processes. In India the term of a patent is 20 years from the date of filing the application. Plants and animals except microorganisms cannot be patented. However new plant varieties are protected under the Protection of Plant Varieties and Farmer’s Rights Act 2001.
Copyright can be acquired in relation to works of authorship that include literary works, musical works, and accompanying lyrics, dramatic works and dialogues, pantomimes, choreography, pictorial, graphic and sculptural works inclusive of drawings, paintings photographic works, architecture, works of applied arts, maps, plans, sketches, motion picture and other audio-visual works and sound recording. Computer programs or software are covered within literary work. The term of a copyright is the lifetime of author plus 60 years.
A Trademark is a visual system in the form of a word, a symbol or a label applied to article of manufacture or sale with a view to indicating to the consumer the origin of manufacture. It helps to distinguish such goods from similar goods manufactured by the others in the same trade. The term of protection of Trademark is 7 years renewable from time to time.
Industrial design protects the aesthetic aspects such as shape, texture, colour and pattern of a product rather than technical features. The term of an industrial design is 15 years.
Geographical indications (GI) identify a good as originating from a territory, a region or a locality where a given quality reputation or other characteristic of the good is essentially attributable to its geographic origin. Some examples of GI are Darjeeling tea, Basmati rice, Kashmiri Pashmina etc. Any association of persons or producers or any organization or authority established by law can apply for GI’s registration. The term of GI is 10 years but may be renewed from time to time.
Semiconductors Integrated Circuit Layout Design Act 2000 provides protection for IC layout designs. The term of IC layout protection is 10 years.
Undisclosed information refers to trade secrets or know-how that has the commercial value because it is secret and that has been subjected to reasonable steps to keep it secret. For example the know-how to produce Rooh Afza a popular drink is a trade secret.
Significance of IPR
The IPR system helps to strike a balance between the interests of the innovator and the society. Several acts and legislations have been enforced to protect IPR. Considering the importance of IPR in today’s world, 26 April is celebrated as World Intellectual Property Day.
Faculty members of professional institutions need to become more familiar with IPR & IP laws. One of the important sources of technology lies in patents which is an important component of IPR. All governments give monopoly rights on patents to encourage scientific and technological inventions. The knowledge of IPR is important for students and faculty of Engineering, Management, Pharmaceutical and Law Institutes. This would help them in the process of R&D. Engineering and management students equipped with the knowledge of IPR will make the industry they will work in more competitive through timely sourcing the right technology. Day by day the knowledge of IPR is becoming the basic need of all engineers and managers.
IPR Education
Most of IITs and NITs have an IPR Education Cell in their departments of humanities or management studies. IIT Delhi offers a full semester course ‘Management of IPRs’ as elective to all III/IV year B. Tech. and PG students of the institute. Most law courses have a module or offer specialization in IP. Technology and Science knowledge background now form a very essential condition for building specialized legal profession in Technology Law and IPRs. In order to bridge the gap in the specialized legal professionals and human resource, Rajiv Gandhi School of Intellectual Property Law has been established in IIT Kharagpur. It offers (i) three years LLB degree with specialization in IPR (ii) three semesters PG diploma in IP law (iii) doctoral programs in law related to IPR. A number of other institutes are also offering PG diploma, diploma, certificate courses in field of IP in full time, part time or distance learning mode. IGNOU has recently started PG Diploma in IPR. IGNOU also offers a non credit awareness course on IPR. The awareness course is suitable for working journalists, legal professionals, corporate and business organizations or any individual interested in learning about IPRs. The study materials can be downloaded from IGNOU’s web site. Microsoft’s link to ‘The Teachers Guide to IPR’ is also available on net.
An indicative list of the Institutes offering IPR education is
· Indian Law Institute, New Delhi
· Amity Law School, New Delhi
· Institute of Intellectual property studies, Mumbai
· Asian School of Cyber Laws, Pune
· Symbiosis Society’s Law College, Pune
· Express Pharma Pulse, Mumbai
Employment Prospects
New IP offices are being set up in all states and union territories. Existing IP offices are in the process of modernization which will create more jobs in the process. Fast track career structure is being proposed to attract competent personnel. Patent examiners must possess a combination of skills such as scientific or technical knowledge practical experience, critical analysis, communication skills and problem solving. Many people may be knowing the fact that the famous Physicist Einstein was a patent examiner before becoming the renowned scientist and Nobel laureate. There is a special drive for promoting women in the field of Intellectual Property Rights. It is easier for a trained women scientist/engineer to understand the nitty gritty of patenting rather than teaching technology to a lawyer. Depending upon requirement these women trained in patenting may be assigned jobs on contractual basis. They can run their own office from home. Patent agent’s exam is conducted by Patent office of India. Till date about 35 Women Scientists have qualified that examination. DST offers one year Internship for self employment to women scientists undergoing training in IPR.
Following is an indicative list of IP job providers.
I. Institutes offering courses in IPR
II. Law firms
III. Pharmaceutical companies
IV. Software companies
V. Institutes/firms/ companies working on agriculture
VI. Durable goods industries
VII. Institutes/ companies/organizations working on science & technology
VIII. As Patent examiners, patent agents and patent attorneys in IP Offices and firms
IX. As faculty of the proposed (as recommended by National knowledge Commission) National Institute of Intellectual Property Management
Bibliography
TIFAC DOC 023 Patent Facilitating Centre, Technology Information Forecasting and Assessment Council, DST New Delhi
Intellectual Property Rights (IPR) A Bulletin from TIFAC
Intellectual Property Rights, a CSIR Journal
www.indiapatents.org.in
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