‘India now ranks 6th globally in terms of patent applications, with 64,480 patent filings in 2023 and ranked 4th globally in trademark filings in 2023, with a 6.1% increase over the previous year.’[1]
Intellectual property comes from two words that is intellect and property, meaning something created using human intelligence. Simply put, it refers to anything that originates from a person’s mind, like an invention, a design, or a creative work. The greatest accomplishment of humans, the most sentient animals, is their evolution from the Stone Age to the nuclear weapon, from roaming individually to coming together as civilization and sharing cultures and now to the ones that are currently destroying them. Making someone else’s life easier at the expense of another is the role that we humans play on a daily basis. Humans often seek shortcuts to growth, sometimes at others’ expense. This reflects a tension between individual ambition and collective well-being. However, IP offers a framework where innovation and profit can align with societal benefit, creating value without exploitation. Therefore, we can say that it is one such source where one can actually make money by using their intellect, where one has to properly utilize their understanding and innovate something which is distinct, noval and unknow, if it comes into the mainstream life of ordinaries will make it efficient and effective.
Importance of Intellectual Property
The inventors, artists, and businesses by using intellect and investing on research and development can be rewarded economically, if granted exclusive rights for the same. When an individual creates something noval, whether it be an invention, piece of art, a design, or a brand, they separate themselves from the rest of the world by contributing something unique. The act of creation itself becomes proof of their ingenuity and effort.
By using his intelligence, the inventor, artists or creator has segregated himself from the rest of the word, the creation is the proof, IP rewards creativity by granting exclusive rights to inventors, artists, and businesses, enabling them to monetize their ideas. But in order to monetise their ideas one has to stop others from coping its work and it can be done only when have an exclusive right to do so.
For enforcing such rights, we need to have a body framing such rights and the other enforcing the same, then only one can reap what one sows. The legislature frames the laws and the enforcing authority, whether court or tribunal, enforces it. The IP laws are the need of time legislations which ensure that these creators can benefit from their work by providing them with legal rights that prevent unauthorized use, reproduction, or commercialization by others. Some of commonly known IP rights are patents for inventors, copyrights for artists, and trademarks for businesses. By securing these protections, IP fosters innovation by incentivizing creators to invest time, resources, and expertise into developing new ideas, knowing that they will have the opportunity to reap financial and reputational rewards.
With the advent of social media and rise in the number of influencers, now it is convenient for anyone i.e., businesses whether small or big to reach the masses and sell their ideas, but this increase has now raised concerns for IP infringement.
Why do we need IP protection
IP protection is therefore the necessity for everyone indulge in the creation/innovation industry. India is a signatory to several key signatories focused on Intellectual Property Rights Protection, which includes the Berne Convention, Patent Cooperation Treaty, Paris Convention and Madrid Protocol. WIPO’S director Mr. Gurry on June 7, 2019, India’s instruments of accession to the Nice Agreement, Vienna Agreement and the Locarno Agreement from Ambassador Rajiv K. Chander, Permanent Representative of India to the United Nations and other International Organizations in Geneva.[2]
Counterfeiting of goods is the ongoing challenge faced by countries including India, which undermine the value of intellectual property and discourage innovation. Strong IPR enforcement is critical for preventing unfair practices, ensuring that creators are appropriately compensated for their efforts, and ensuring that buyers obtain genuine products.
Many top-notch brands and multinational technology companies are hesitant to enter the Indian market due insufficient intellectual property protection. This isn’t just an issue for foreign investors in India, but many people and businesses don’t know how to preserve and defend their intellectual property rights.
Measures to Protect IP Rights in India
The first step in this process is to determine the appropriate category of intellectual property, that’s right you need to identify whether your innovation qualifies for copyright, patent, trademark protection, geographical indication, industrial design, plant variant etc. By correctly classifying it, the owner ensures that their IP receives the appropriate legal safeguards under the relevant category. Therefore, understanding the correct classification is essential for securing protection. The propitiator for the same can take help of an expert who is well acquainted with the IP laws. Registering intellectual property in India isn’t mandatory, but it’s always a smart move. It helps protect your rights, prevents future legal disputes, and safeguards your business from potential rivals.
After categorisation, the claimer shall proceed with the registration of the Intellectual Property as it is unique it needs to be protected.
Under Indian law, copyright comes into existence as soon as a work is created and no formality needs to be completed for acquiring copyright. It is an important principle of the Berne Convention that the registration of copyright is not mandatory.[3]
By registering for intellectual property, a proprietor can safeguard their R&D investment. Since IP registration is optional, it is important to understand that it enhances your claim and helps the owner block competing products, discourage new competitors, and open the door for future market share through technological advancements.
The title claimer needs to implement a robust legal safeguard mechanism that is signing a non-disclosure agreement, employment contracts and joint development agreement. The claimer should hire a professional drafter who can frame clauses for the agreement. Innovation comes with the risk of idea theft, as competitors may exploit leaks to claim an invention as their own by filing for a patent. To safeguard intellectual property, it is essential to gather and maintain concrete evidence proving ownership.
One effective way to do this is by keeping a well-documented record of the invention’s progress. This can include signed and dated sketches, drafts, prototypes, and research notes, all of which help establish a clear timeline of development.
Even if you have done everything listed above, you should always remember that an idea is noval and can be copied. For this reason, the owner or creator should keep it secret before launching it until the registration application has been filed
Last but not least, seeking help from an IPR specialist to guide you through the entire process from application submission to review and registration is essential. The client will receive guidance from the IPR specialist regarding whether their intellectual property is unique, noval, or well-known. The IP specialist will help the client even while the procedure is underway and evidence is being submitted.
[1] https://pib.gov.in/PressReleasePage.aspx?PRID=2073890
[2] https://www.wipo.int/portal/en/news/2019/article_0021.html
[3] https://www.jainandpartners.com/blog/details/is-registration-of-copyright–mandatory-/32
