Intellectual property (IP) is a special kind of property resulting from human intelligence (mind) in fields such as arts, literature, science, trade, etc. Since IP is an original creation of mind, it is abstract, intangible and indivisible in nature which differs from tangible property i.e., land, house, vehicle etc. It is product of your own intellect including creativity, inventions, literary and artistic works, designs, symbols etc.

IP is divided into 2 branches:

1. Copyrights and Related rights: These include works of literary and artistic expression such as books, periodicals, architecture, music, wood/stone carvings, paintings, photographs, films etc.
2. Industrial Property Rights: These include patents, trademarks, Trade services, industrial designs and geographical indications.

The Intellectual Property needs to be protected so as to encourage innovation and creativity, to promote economic, scientific, literary, cultural, social development of society. Intellectual Property Rights (IPR) are the rights given to the persons over the creations of their intellect. These rights provide the creator/owner to completely benefit from his creation, allows to prevent others from using it without his permission. Protection of Intellectual property allows the innovator, brand owner, patent holder, copyright holder to benefit from the work, Labour, investment etc.

Definition of IPR:

WIPO Convention, Stockholm, 1967 defines IPR in Article 2(viii):
Intellectual property" shall include the rights relating to:

1. Literary, artistic and scientific works
2. Performances of performing artists, phonograms and broadcasts
3. Inventions in all fields of human endeavor
4. Scientific discoveries
5. Industrial designs
6. Trademarks, service marks, and commercial names and designations
7. Protection against unfair competition

And all other rights resulting from Intellectual activity in industrial, scientific, literary or artistic fields.

Intellectual property Governance

Each and every country has agencies dedicated to laying down rules, implementing and enforcing Intellectual property rights because IP is an integral part of human society. India has several organizations/agencies dealing with different aspects of IP like - The Department for Promotion of Industry & Internal Trade (DPIIT) under the agency of Ministry of Commerce and Industry, Technology Information Forecasting and Assessment Council (TIFAC), National Research Development Council (NRDC), Cell for IPR Promotion and Management (CIPAM) etc.

Government of India (GOI) takes care of all categories of IP except Plant variety and farmers rights act. To allow smooth exchange of IP related activities across nations, there is need to have basic standards in form of minimum rules and regulations that encompasses all aspects of Intellectual Property. To achieve this United Nations (UN) established an institution termed as (WIPO) World Intellectual Property Organization. This body is responsible for educating people on matters related to IP law and it governs through various conventions and treaties like Paris Convention, Patent Cooperation Treaty (PCT), Rome convention, Berne convention etc.

International Conventions of IPR

By the mid of twentieth century, many countries realized that IP was important and so every state made its own regulatory framework for protecting the legal rights of creators of innovations. However, since there were different rules and regulations of every state, this caused a lot of confusion and disputes. Further the inventor had to file separate applications (for seeking IP protection) in each country where he wanted his invention to be protected. This was not only time consuming but also expensive.

To facilitate International IP protection, two major treaties were signed by many countries in France in late nineteenth century. These treaties helped establish an International IP system covering patents, literary work and artistic works as well. Overtime, more treaties, conventions, agreements were made on other aspects of IP such as trademarks, Industrial designs, Geographical indicators etc. to seek protection worldwide. International Conventions on Intellectual Property Rights (IPR) are agreements between countries designed to standardize and protect intellectual property across borders. It includes the treaties and conventions which are binding on all the member countries and they have to abide by it.

Some important conventions pertaining to IP are as follows:

• Paris Convention for the Protection of Industrial Property, 1883
• Berne Convention for the Protection of Literary and Artistic Works, 1886
• Madrid Agreement Concerning the International Registration of Marks, 1891
• Universal Copyright Convention (UCC), 1952
• Rome Convention, 1961
• World Intellectual Property Organization (WIPO) Convention, 1967
• Patent Cooperation Treaty (PCT), 1970
• TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement, 1994

Paris convention for the protection of Industrial Property,1883

International exhibition of inventions which was held in 1873 at Vienna. The participation was hampered by the fact that many foreign visitors were not willing to exhibit their inventions at the exhibition because of inadequate legal protection offered to exhibited inventions. So, a conference was convened in Paris in the year 1833 to ensure security of Intellectual creativity (patents, trademarks, industrial designs, utility models, service marks, trade names, geographical indications etc.) The convention has been amended 7 times and the latest amendment was in 1979. Three main categories of Paris convention are national treatment, right of priority, common rules.

Berne Convention for protection of Literary and Artistic works, 1886 (Modified at Paris in 1971)

This is the oldest treaty in field of copyrights and was signed in 1886 in Berne, Switzerland. The main aim of this treaty was to protect the works related to art and literature as well as the rights of concerned authors. The national treatment was provided here as well but automatic protection was granted i.e., protection and rights are granted as soon as the work is registered and no formal registration of work is required to enjoy the protection and rights over the work. Also, the protection is independent of the existence of protection in the country of origin of the work. The Berne convention has been amended many times, the latest being in 1979.

Madrid Agreement Concerning the International Registration of Marks (1891) and the Protocol Relating to that Agreement (1989)
The Madrid Agreement was concluded in the year 1891 for the protection of trademarks internationally. it has been amended 7 times since 1989. It provides for a centrally administered system of trademark registrations in separate jurisdiction. The Madrid protocol system provides for international registration of trademarks by just filing one application that can cover more than one country. The agreement and protocol both are open to any state party to the Paris Convention (1883). Also, any Intergovernmental organization can also become a party to it by writing to the Director general of WIPO. The Madrid union currently has 115 members, covering 131 countries.

Universal Copyright Convention (UCC), 1952
This was concluded in the year 1952 in Geneva, Switzerland. It was developed by UNESCO as an alternative to the Berne convention for those countries who did not agree with the Berne Convention but still wanted to be the part of multilateral copyright treaty. Under this convention, Copyright protection was provided for a fixed period of time and for copyright it must contain a notice and be registered at a copyright office. This includes Copyright of literary, musical, dramatic, sound recordings, artistic, cinematographic, Architectural etc.

Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, 1961
Earlier Copyright agreement provided protection only to written and printed material but with the advent of tape recorders, audio cassettes, video cassettes etc. there was a need felt to protect these entities as well and so to implement this Rome Convention was held in the year 1961 and its recommendations came into existence in 1964. The minimum duration of protection provided by this Convention is for 20 years and the administration of Rome convention is in control of WIPO along with International Labour Organization (ILO) and UNESCO.

World Intellectual Property Organization (WIPO) Convention, 1967
It is a UN specialized agency and is self-funded agency. It was established in the year 1967 and it came into force in 1970. The Headquarters of WIPO is in Geneva, Switzerland. At present there are 193 member states and India is also its member since 1975. Main aim of the WIPO convention is to protect Intellectual Property rights throughout the world and to encourage creativity, promoting new ideas, inventions and safeguarding them. The Global Innovation Index (GII) is a global ranking for countries for success, innovation, creativity.

The Global Innovation Index (GII) is published by WIPO. The index ranks countries on the basis of 80 indicators, ranking from IP to Research, development, creativity, education and skills etc. WIPO convention provides that membership is open to any country that is a member of Paris convention or member of Berne union or a member of UN or UN's specialized agency or invited by WIPO general assembly.

Patent Co-operation Treaty (PCT), 1970
The treaty was signed in 1970 in Washington, United States. It came into effect in 1971 and amended in 1979. It was modified in 1984 and 2001. It is the treaty for international co-operation in field of patents. This treaty is open only to those who are members of Paris convention and so it is also said as a complimentary treaty to Paris convention. It is an effective way to file patents in many countries with one application. It is filed in a single patent office called "receiving office" with a single application "international application" in one language and it will have effect on all the member countries party to PCT.

(TRIPS) Trade Related Intellectual Property Rights Agreement, 1994
This was established in the year 1994 but came into force in 1995. It contains most of the rules of Berne convention. It is an agreement administered by (WTO) World Trade Organization and it sets down minimum standards for many forms of Intellectual property regulations as applied to other WTO members. The IP's which are covered under TRIPS agreement are - Patents including protection of new varieties of plants, Copyright and related rights, trademarks, Geographical indications, Industrial designs etc. The TRIPS agreement introduced IP Law into international trading system for the first time and remains the most comprehensive international agreement on IP to date. All the obligations under Trips apply equally but the developing countries were given somewhat more time to make changes in their national law.

Categories of Intellectual Property

Intellectual property is a very broad area that covers a wide range of technology based on innovations, literary works, sound recordings, cinematographic films, designs etc. The field of IP has been divided into various categories. In India, such categories are Patents, Copyright and related rights, Trademark, Trade secrets and industrial designs, Geographical indications and Semiconductor Integrated circuits Regulation Rules, 2005.

1. Patents:
   It is a right given over inventions. This provides grant of exclusive privileges to the inventor over useful inventions, its process, designs etc. Under Section 2(j) of Patent act "Invention means a new product or process involving an inventive step and capable of industrial application." Under Section 2(m) of Patent act "a patent for any invention granted under this act". It is basically a privilege granted by government to the inventors and any other persons deriving their rights from the inventor for a fixed term period, to exclude other persons from using, reproducing or selling that invention or its process.
    
2. Copyrights and Related rights:
   Copyright is over an original work of authorship. Copyright (or author's right) is a legal term used to describe the exclusive rights that creators have over their literary and artistic works. The creator has right to prevent copying or any form of exploitation of copyright material. Protection of copyright is provided over Typographic works, literary works, dramatic and musical works, films, broadcasts, sound recordings etc.
   
   Copyright Act ,1957 deals with copyright in India and its latest amendment was made in 2012. It came into force in January 1958 and has been amended 6 times since then.
   
   One of the most interesting copyrights cases was David vs Macaques, Indonesia, 2011, In this case a UK-based photographer David Slater put his camera on a tripod in the wildlife sanctuary to click the photograph of Macaques monkeys. Once monkey clicked a selfie photograph accidentally and this became very famous and legally controversial that who is the owner of the photo. Theoretically, the monkey is the holder of copyright as he clicked the photo. Practically David Slater was the claimant of the copyright. The dispute entered judicial quarters between PETA and David Slater. Now, the settlement has been concluded. The photographer i.e., David Slater withholds the copyright of the picture for having a substantial contribution, but he would pay 25% of royalty share to the wildlife sanctuary where the monkey lives.
    
3. Trademark:
   Trademark is a distinctive symbol that can be used to distinguish the goods and services of one company from those of another. The term "mark" can refer to a name, numeral, symbol, slogan, design, sign or combination of these. Trademark is anything that helps a typical consumer recognize a brand. For a good to be legally recognized as trademark, they need to pass some conditions like distinctiveness, descriptiveness, uniqueness and not having any similarity to existing marks. In India trademarks are governed by The Trademarks Act,1999. The trademark rules are governed by Trademark Rules, 2002. The acts and rules have been amended many times and latest amendment was in 2017 for Trademarks Acts.
   
   In the case, Coca-Cola Company Vs Bisleri International pvt. Ltd., ((2009) SCC 3275)) "MAAZA" a popular mango fruit drink in India is a registered Trademark of an Indian company, Bisleri International Pvt. Ltd. The company transferred the rights (formulation, IPR, and goodwill etc.) to a beverage company, Coca-Cola, for the Indian Territory. Nonetheless, the Bisleri Company began exporting goods under the Trademark "MAAZA" in 2008 after submitting an application for trademark registration in Turkey.
   
   The Coca-Cola company filed a suit for damages and a permanent injunction for passing off and trademark infringement because they found this to be unacceptable. It was argued on behalf of plaintiff (Coca-Cola company) that as the mark 'MAAZA' concerning the Indian market was assigned to Coca-Cola, and manufacture of product with such mark, whether for sale in India or for export, would be considered as an infringement. After hearing both the parties, the court finally granted an interim injunction against Bisleri from using the trademark 'MAAZA' in India as well as for export market, which was held to be an Infringement of Trademark.
    
4. Industrial Designs:
   The characteristics of any article's shape, arrangement, pattern, ornamentation, or combination of lines and colors are referred to as its "designs". The design can have any number of dimensions, including one, two three, or mix of these. Further it can be produced using any industrial method or process whether separate or combined or mechanical, chemical, or manual, as long as the final product appeals to and is evaluated exclusively by the eye. However, anything that is essentially a purely mechanical item, such as a construction method or concept, is not included in the term "design". The primary goal of Industrial design registration is to safeguard the original creator's invention and encourage others to strive towards the art of creativity. In India Industrial Designs are governed under Designs act 2000 and Design rules 2001, which has been amended many times and latest amended in 2019. Some of the famous Industrial designs are Coca-Cola bottle, iPhone, Mini cooper, Piaggio Vespa etc.
    
5. Geographical Indications:
   Every nation has some areas that are well-known for its heritage in variety of fields like textiles, food products, particular goods etc. Over time a specific connection between the products and the geographical area is evolved, leading to growth of Geographical Indication. A geographical Indicator is a mark that can be applied to goods that are connected with a certain region or geographical area and have reputation exclusive to that area.
   
   So, there is a strong link between the product and the place of its production. Article 22 of TRIPS agreement defines Geographical Indication as "indications which identify a good as originating in territory of a member, or a region or locality in that territory, where a given quality, reputation or other characteristic of good is essentially attributable to its geographical origin eg. Basmati chawal, Kashmiri apple, Bikaneri Bhujia etc. The Geographical Indications of goods (Registration and protection) act, 1999 and Geographical Indications of Goods (Registration and Protection) Rules, 2002 govern.

Conclusion
In conclusion, Intellectual property rights play a very important role by safeguarding the rights of creators, fostering innovation, creativity, development and also promoting economic growth. Each type of IPR – Patents, Copyrights, Trademarks, Trade secrets, Industrial designs, Geographical indications serves a distinct purpose by providing legal protection to artists, writers, inventors, businesses upon their work and inventions. However, evolution of technology and global commerce poses persistent obstacles, requiring constant modifications and enhancement to Intellectual Property Rights Frameworks. So, progressively, in future, a dynamic and flexible approach to Intellectual Property will be essential to promote inventions and new creations benefiting the society as a whole.

References:

• Law relating to Intellectual Property Rights – VK Ahuja - 3rd edition
• https://blog.ipleaders.in/ipr-description/
• Bare Act of Intellectual Property Rights
• https://www.wipo.int/about-ip/en/

Written By: Diya Mata, B.A.LL.B (Hon's) Rani Durgavati Vishwavidyalaya, Jabalpur (MP)