The modern IPR tool kit provides a range of distinct legal platforms for protection of the fruits of human creativity that span from innovations in technical fields, products and services, literary/artworks, performances, computer programs. It should be appreciated that each of these instruments is governed by a set of laws with frameworks that offer varying degrees of protection, rights, obligations, enforcement procedures and relief’s.
Therefore every nation interested in protecting intellectual property within its geopolitical control has to enact laws related to patent, copyright, trademark, geographical indication etc. For business and trade, Intellectual and Property Rights (IPR) act as key components of strategy formulation that influence global business practices.
An appropriate combination of the instruments in the tools kit needs to be exploited to achieve optimal protection of a specific intellectual asset. For example a patent can protect an invention related to the “ball point” in a “ball-point pen”. The shape of a pen can be protected by a design registration, the name of the pen can be a trade mark, the style in which certain words are inscribed on the pen or the literature accompanying it could be protected by copyright. Similarly the internals of a restaurant can be registered as a service mark, its name as a trade that would help to differentiate it from other restaurants involved in similar service.
Protecting Intellectual Rights and the Cyber Space
With the unprecedented advent of Computers and the Internet and growing popularity of E-commerce, the Intellectual property rights have gained tremendous significance. However, there is a downside to this trend of increased dependence upon Internet and Information and communication Technologies (ICT) namely the difficulty posed in the detection & protection of Intellectual property infringements in the virtual space. The... [continues]
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