Prachi kumari of Alliance School of Law Bangalore of 2nd year of BBA. LLB
Abstract
In this article we will try to capture the position of our Education system in the field of IPR, in school students, as we know that nowadays young Entrepreneurs are being generated so it is very crucial for school students to understand the importance of IPR like how they can protect their innovation and handwork through considering their rights that they should be aware of. There are mainly three types of IPR trademark, copyright and patent which helps both the consumers and buyers to protect the quality of their favourite product by protecting their features, name etc.
Demand for IP is growing, especially in developing countries. With an increasing focus on innovation, cross-border research and collaboration, it is necessary to learn about intellectual property rights in order to protect innovation among students. As countries turn to establishing and implementing sustainable development, the need to understand the importance of IPRs has increased. In modern times, research translates and transforms into services or products. IPRs helps the innovators to protect and sustain them in the market. If the inventions are patented and used to trade for beginners, it will provide a competitive edge for designers and entrepreneurs.
Content
IPRs have various variations that include copyright, trademark, design and copyright, in which some aspects are more widely discussed in the educational community than others. Experts believe that essential awareness of the Creator’s rights should be developed for students from the school level. Students will grow into a professional world where they will develop and exercise IP rights, which is why it should be made part of school and university courses by developing expertise in the teaching profession.
The IPR ecosystem at non-university institutions across the country requires lengthy efforts to make students aware of the importance and processes of completion. Leadership in financial institutions presses developers/entrepreneurs to own their technology before requesting funding. Therefore, when an innovator chooses to file an IPR, it offers other benefits in addition to protection such as licensing, better collaboration and funding opportunities. The educational community needs a high level of sensitivity and exposure to patents and trade-offs. All academic and research institutions must also develop internal technologies to evaluate and apply for provisional patent applications and patented technology sales.
Young innovators must realise their importance as emerging designers and how can they contribute towards the betterment of the communities by creating products and getting them responsibly patent. For decades, India has been a good destination for MNCs to harness the power of bright young innovators. According to research, India has a fantastic talent of designers and researchers who have played a significant role in the growth of some of the world’s largest MNCs. Needless to say, educational institutions are deeply involved in making the dreams of the founders new. These institutions guide their students with research information using patents, making copyright books a rich and original source of advanced research.
Intellectual property (IP) is a mind creation involving invention, works of literature and art, and the words, titles, and pictures used by commerce. For an instance, IPs, which allow people to gain financial advantage or appreciation of what they discover or produce, are covered in law by the patent, copyright, and trade-marks also known as intellectual property rights (IPRs). Distance learning is also one of the concerns for protecting intellectual property rights. Distance learning refers to interactive, online, immersive platforms for educating students at geographically isolated places from where they are taught. The utilization of intellectual property to defend the interests of the public will lead to an improvement in the general value of the information provided by prohibiting corporations or entities from patenting innovations produced by universities. The protection of IPRs is one of the most concerning issues as the mode of communication is online in most of the areas. This paper summarises the problems faced by education institutions in intellectual properties and where they are lagging behind in the protection of student’s and professor’s innovations. The paper also emphasizes the protection of proficient ideas emerging from the institutions.
Today’s young people are the input for creation, promotion, construction and reinforcement of inventiveness and novelty. Student-oriented policies guarantee that the students start change and support it, especially as a little and healthy activate ecosystem takes into consideration. Infrastructures, research and development facilities, and others supported by the academic organisations provide students and lecturers with a forum for creating and maintaining an innovative and creative atmosphere. These ideas of both students and lecturers should be protected as an intellectual property rights. IPRs are the rights given to an owner of the content producer to protect the individual or group information which is innovative. IPRs are of different kinds. The below figure 1 depicts the types of IPRs in India. The green colour hexagons represent the education IPRs and blue colour hexagons represent business IPRs.
The first one is patent. It safe guards’ industrial inventions, for an instance, an innovative production or process. It operates both in industry as well as academic institutions. The second one is trade mark, which protects symbols, signs, specific terms, logos or sounds that differentiate the innovative services and products used in competing world. The third one is copyright which works on protecting published or written works such as research papers, books, films, song lyrics, internet content and literary works.
Fourth one, plant breeders right which is also referred as plant variety rights are the such rights that are approved for the breeder of a plant by giving specific control over the plant incorporating plant cuttings, seeds, foliage and fruit. Fifth type is utility or model design that includes production methodology in details for a particular service or product. The sixth one, geographical indication implies certain products are located to certain areas. The other locations should not misuse these products. For example, Coffee has a geographical indication in chikmagalur in India. The last one is trade secrets, which emphasizes on protection of principles, formulas, procedures, apparatus, models, prototypes, designs or information compilations that are not commonly well known or accessible readily by random people and for the same reason they are not taken care by the owner.
Librarians are in an exclusive role as a connection between copyrighted content creators and users. These librarians were used to sit back and disregard how the content was used and distributed for a long time. In every field of academia, the effects are felt but libraries are foremost on the strike list as straight intermediaries of contents. Neither students nor teachers have a good understanding of intellectual property laws and the limited scope of fair utilize. Both students and faculty continue to be driven by libraries. Professors prefer to use the word “plagiarism” instead of “violation of copyright” because it is the similar in legal terms. Students should be motivated to find too much material freely accessible for Web copying, school archives and teacher references lists. Nevertheless, the use of these resources must be differentiated and the content is the only guide that must be specifically stated. In order to minimize the plagiarism risk and to make sure that the classroom, library and educators are not involved to violation situations, the purpose and value of referencing should be shared.
Distance education which is a kind of E-learning, is a method of organisation of training process by using telecommunication and information technologies. It enables knowledge to be accessed from a far, without direct personal interaction with the teacher or mentor. Distance education is viewed by some scholars as a type of further education or preparation. Distance education offers fair educational opportunities to those who do not have the ability to travel to the main education centres. Some professors and educators claim that video-readings, exams, online textbooks, etc., are a replacement for teaching in distance learning. In this scenario, a teacher who is a key player can vanish in the educational process.
PROTECTION OF IPRS IN EDUCATION
Academics and students get caught in the quick change that affects the plan and delivery of academic courses. This impacts the lawyer’s education in intellectual property, as well as non-law programs that want to give their students education in intellectual property. Intellectual property has historically been imparted by law faculties as a law matter to law students. Suggesting intellectual property to be incorporated as an interdisciplinary feature of a technology or science program contradicts two presumptions: that impossible cognitive obstacles may exist, and that lawyers have to teach intellectual property. Including education on intellectual property in the curriculum of non-law can be appreciated as an ‘opportunity’ for engaging with a critical subject connecting economic, technical and legal disciplines.,
Teaching non-lawyers an intellectual property delivers a unique viewpoint for the lawyer, which may improve law course’s plan and delivery. Although IPRs are legally grounded, education in intellectual property has divisions that touch upon many fields of academic exploration and business activity, comprising: finance, economics, revenue system, human rights, education, ethics, authority and management. In non-law educators, the use of available resources and a deliberate mix of learning outcomes and evaluation approaches can be used to provide learners with an intellectual property knowledge level and competence.
When researchers make use copyrighted content for coaching or for purposes like research, it must be assured that the use is inside the authorisation acquired from the copyright holder(s) that are concerned or within the scope of the exceptions granted by Indian copyright legislation. Different courts interpreted the scope of the numerous learning use-related exceptions under Indian copyright law of India. An institutional repository may be created by the academic institution and a connection to the same may be given on its official website. Theses, dissertations, articles, publications and other internal publications shall be included in this collection. The researchers can apply these works in other open repositories in the similar topic zone, in lack of an official repository. Researchers may be stimulated to authorise their works under a free license so that other scholars could also utilize the research results by providing the researchers with correct attribution.
Reference
https://michelsonip.com/three-things-student-innovators-should-know-about-ip/