This Article has been written by Miss Shubhani Mishra , a 1st year BALLB student of LLOYD SCHOOL OF LAW , Greater Noida.
Intellectual Property Rights (IPR)
IP consists of a vast range of activities , and plays an important role in both the ways cultural as well as economic life . this importance is recognized by various laws which protect intellectual property rights.
IP laws is complicated : there are different laws relating national laws relating to different national laws in different countries and regions of the world as well as international law.
This booklet introduces the main types of IP and explains how the law protects them. It also introduces the work of the World Intellectual Property Organisation (WIPO) , the United Nations agency dedicated to making IP work for innovation and creativity. Intellectual property deals with laws to protect and enforce rights of the creators, owners of invention , writing , music, designs and other works.
IMPORTANCE OF IP
The progress and well being of humanity depend on our capacity to come up with new ideas and creations . technological progress requires the development and application of new inventions , while a vibrant culture will constantly seek new ways to express itself . intellectual property properly rights are also vital. Inventors, artists , scientists and businesses put a lot of time , money , energy and through into developing their innovations and creations to encourage them to do that, they need the chance to make a fair return on their investment . that means giving them rights to protect their intellectual property .
IP RIGHTS
Essentially , intellectual property rights such as copyright , patents and trademarks can be viewed like any other property right. They allow the creators or owners of IP to benefit from their work of from their investment in a creation by giving them control over how their property is used . IP rights have long been recognized within various legal systems. For example , patent invention were granted in Venice as far back as the fifteenth century.
Modern initiatives to protect IP through international law started with the Paris convention for the protection of industrial property and the Berne convention for the protection of Literacy and Artistic works.
These days, there are more than 25 international treaties on IP administered by WIPO . IP rights are also safeguard by Article 27 of the universal declaration of Human Rights.
IP is mainly divided into two main categories :
Industrial property includes patents for invention , industrial designs , trademarks and geographical indications.
Copyright and related rights cover literary , artistic and scientific works , including performance and broadcasts.
Patents :- By patenting an invention , the patent owner gets exclusive rights over it, meaning that he or she can stop anyone from using , making or selling the invention without permission . the patent lasts for a limited period of time , generally 20 years .
In this way , the patent system aims to benefit everyone :
. firms and inventors can maximize profits from their invention during the patent protection period .
. This rewards them for them for their effort and so encourages more innovation , which in turn benefits consumers and the general public.
. Disclosure of invention adds to the body of public knowledge , enabling and inspiring further research and invention .
Industrial design :- These aesthetic aspects can be hugely important in the modern economy. Nowadays consumers face an enormous choice of product , including many that offer the same basic functionality . so they will tend to choose the one with the design they find most attractive within their price range.
Industrial designs are applied to a wide variety of industrial products and handmade goods: cars, telephones , computer , packaging and container,
Trademarks :- Trademarks have been around for many years . in ancient times, artisans would sign or mark their work to prove they had made it. Gradually , laws evolved to protect such marks.
Legal protection allows the owner of a mark to control who uses it. This means that enterprises can develop and promote their goods and services without having their reputation undermines by counterfeiters , and consumers can rely on trademarks being genuine.
International protection :- As with other types of IP , international law has developed to complement and reinforce the protection offered in different national and regional jurisdictions.
International recognition of appellations of origin and “indications of source” dates back to the Paris convention of 1883. More recently , the agreement on Trade-Related Aspects of Intellectual Property included some further provisions to prevent the misuse of GIs.
Copyright and related rights:- Copyright cover an enormous range of works – not just books, music , paintings, sculpture and films , but also computer programs , databases , advertisements , maps and technical drawings, among other things. There are also rights related to the copyright of the creators that protect the interests of those closely associated with copyrighted works, including performers , broadcasters and producers of sound recordings.
Copyright is protected by a mixture of national and international laws. These recognize the cultural and social importance of creative endeavor as well as its considerable economic value.
The underlying aim of copyright law is to strike the right balance between the interests of content creators, developers and investors and the public interest in being able to access and use creative content .
Related rights :-
The laws also protects the rights of certain people or groups who re involved in creative work but do not qualify for copyright protection in many jurisdiction , including performers such as singers and the actors , broadcasting organization , and organisations such as record companies that produces sound recordings . these are known as related rights or neighboring rights , because they are related to copyright .
The protection offered is similar to copyright . generally, right owners can stop people from recording , communicating , or broadcasting their work without their permission . however, the term of protection is usually shorter than copyright ; it lasts for 50 years from the date of the performance , recording or broadcast .
Supply chain management : Enhancing security and reliability .
Supply chain management is , management of the flow of goods , data and finances related to a product or services , from the procurement of raw materials to the delivery of the product at its final destination .
Contracting institution have proved to be pivotal for supply chain organization , and empirical evidences has shown that firms rely on outsourcing to deal with hold-up inefficiencies induced by contract incompleteness . For intangible assets , vertical integration is one strategy to prevent knowledge dissipation . This column presents new research that illustrates how firms organize their value chain and their ‘knowledge’ under imperfect protection of intellectual property rights . the results suggest that that the quality of institutions protecting tangible and intangible assets may have opposite effects on organizational choices along the supply chain .
In the vast literature on firm organization , external institutions are well known to shape a firm’s organizational decisions . the choice between arm’s length contracts or vertical integration . the focus so far has been on contract enforcement in the case of tangible assets , with most empirical evidence supportive of the so – called ‘property rights’ theory of the firm . according to this view , firms rely on outsourcing to create investment incentive for supplies when contracts are incomplete .
A new wave of empirical studies has started to highlight the role of intangible assets on firms organization . Atalay et al . show that vertical integration is associated with a limited flow of physical inputs from upstream to downstream production stages , suggesting that it is used as a means to secure the efficient transmission of knowledge along the value chain . better quality of intellectual property rights institutions in host countries further facilitate knowledge transmission by multinational to their affiliates . however , stronger IPR institutions shift the organizational mode towards outsourcing by reducing the need for integration to hedge against knowledge dissipation and opportunistic behaviour by the supplier investigate the effect of changes in the quality of IPR institutions on the organizational decisions along the supply chain by n additional choice firm has to make at all stages . on top of the hold-up problem , the firm must transmit knowledge to its suppliers to facilitate their activity . To avoid knowledge dissipation , the firm has to protect the transmitted intangible , the cost of which increases with the knowledge intensity of the input produced by each supplier , and decreases with the quality of IPR institutions in supplier location . it follows that imperfect IPR protection reduces the amount of knowledge transmitted by the firm to a supplier , affecting the organization decision through the incentive structure of suppliers ‘ investments induced by the sequential nature of production .
Challenges arising from intellectual property protection in supply management
Counterfeit products and unauthorized production :
The rise of counterfeit products and unauthorized production poses a significant threat to companies IP rights and brand reputation . illegitimate manufactures may infiltrate the supply chain , producing counterfeit goods that can tarnish a brand’s image and erode customer trust.
Inadequate information sharing :
Intellectual property concerns often lead to reluctance in sharing sensitive information with suppliers and partner . this lack of information transparency can hamper effective collaboration and lead to inefficiencies in the supply chain .
Slow innovation and R&D processes :
Companies may be hesitant to share propriety technologies or innovative ideas with suppliers due to concerns about IP theft . this can stifle innovation and slow down research and development processes.
Legal and regulatory compliance :
Navigating the complex landscape of IP laws and regulation across different regions and jurisdiction can be challenging . failure to comply with these legal requirement can result in costly litigation and delays . solutions to overcome IP-related supply chain challenges .
Blockchain technology for traceability :
Implementing blockchain technology can enhance supply chain transparency and traceability . each step of the supply chain can be recorded on a immutable blockchain , providing a verifiable record of origin and authenticity , thereby reducing the risk of counterfeit products entering the market .
Collaborative agreements and contracts :
Companies can establish clear and comprehensive IP clauses within supplier contract and collaboration agreements. These agreement can outline the rights , responsibilities , and limitations related to the use of IP , ensuring that all parties are aligned and accountable .
Trusted supplier network :
Creating a network of trusted suppliers and partners can mitigate IP – related risks . establishing long – term relationship with reliable partners who respect and uphold IP rights can foster a sense of mutual trust and collaboration .
Confidentiality measures and data security :
Robust data security measures and confidentiality protocols can help protect sensitive IP information companies can utilize secure communication channels , encryption , and access controls to safeguard valuable data while enabling information sharing within the supply chain .
IP education and training :
Educating supply chain stakeholders about the importance of intellectual property protection can promote a culture of awareness and responisibility . training programs can help employees partners understand IP risks and encourage them to adopt best practices .
Cross – functional collaboration :
Effective IP protection requires cross – functional collaboration between legal , procurement , R&D , and supply chain teams . regular communication and collaboration can help identify and address potential IP – related challenges proactive .
REFRENCES :-
For books / PPT / PDFs : Intellectual Property Law, P. Narayanan , Third edition . , WIPO ( world intellectual property organization) . and “ intellectual property and the organization of the global value chain”.
For websites : https://www.researchgate.net/publication/352256937_intellectual_property_rights_IPR_and_higher_eduation_in_21_st_century_india . And Atalay,E,A hortacsu and C Syverson