'Innovate patent, produce and prosper' - Hon'ble Prime Minister of India, Sri Narendra Modi.

Humans are the sole creation of God endowed with the capacity for thinking, learning, as well as evaluation, which facilitates societal advancement through innovation along with the formulation of new theories. In the legal context, these things are termed "Intellectual Property". 'Intellectual property' broadly encompasses the creation of property resulting from human intellectual activity in literary, artistic domains, industrial, as well as scientific. In other words, intellectual property(IP) refers to the creation by the mind of a human intellect.

It is an intangible property that comes into existence as a result of human intellect and the rights which are associated with it are known as 'intellectual property rights'. Intellectual property rights (IPR) are related to intellectual creation owned by the creator himself. The rights that are associated with the IP provide the creator the legal right to commercialize his creation in the market and earn profit from it which are protected against unauthorized use without the creator's consent.

By this legal protection, the law is valuing the contribution and expertise of the owner of the IP and thus, IPR remains legally acknowledged exclusive rights pertaining to the creation of ideas, granting creators of trademarks the authority over their creations. Patent and copyright work to benefit from their creations. As a result, the value or market importance of the owner or an entity increases and it helps to create a distinct identity in the market. The IPR underscores the significance of novelty.

Nature of Intellectual Property Rights

Intellectual property, like conventional property, could be commercialized through various transfer methods, including sale, licensing, exchange, as well as mortgage. Such instruments may extend beyond the territorial boundaries of origin of IP. So, nature of IP is transnational in nature which can be used beyond the national boundaries.

The IP law purpose is providing incentives to creators for works, intellectuality in relation to the creation must exhibit of certain level of uniqueness and this uniqueness provides the creator to legally own and protect his creation from third-party unauthorised usage. IPRs not just offer the creator work incentives, but additionally encourage healthy competition among creators, which advances society as a whole. Voting is therefore essential to ensure that IP is concerned with tangible manifestations of ideas rather than abstract concepts.

The copyright law, for instance focuses on the physical expressions of artistic expression along with protects the publication & distribution of creative works. IPR improves innovation along with creativity by protecting inventors as well as artist's rights. Since disclosing information that could enable others to duplicate inventor's or creator's discovery is a requirement for filing an IPR, others have ability to build upon shared knowledge to produce better & newer products. IPRs guarantee material compensation for IP in this way, which could also aid in addressing global issues.

Types of Intellectual Property Rights

This is well-known, there are various categories of IP, includes: patents, trademarks, trade secrets, industrial designs, copyrights, geographic indicators, along with integrated circuit layout designs. Here we will analyze the types in a detailed manner: -

Patents

A patent represents exclusive legal entitlement conferred for an invention, that may be goods or process presenting an innovative method for accomplishing a task or providing novel technical resolution to a problem. Patent protection prohibits commercial manufacture, utilization, distribution, or sale of invention regardless of consent from patent owner; otherwise, these actions are deemed infringing under the law. A patent owner possesses authority to determine whether is permitted or prohibited from utilizing patented invention during any period of its protection. A patent owner might, under mutually agreed terms, license third parties for employing their invention for commercial purposes.

He might absolutely transfer his rights to the invention to another party, that will subsequently acquire ownership of the patent. TRIPS Agreement states a patent is granted for a 20 years duration from application filing date. Upon expiration of a patent, protection ceases, then invention becomes part of public domain, indicating owner forfeits exclusive rights for invention. For the legal protection of patent, its registration is mandatory.

Copyright

Copyright comprises a collection of rights that initially granted to creators of their artistic & literary works. The expression of original & derivative ideas is protected by copyright, while this protection might be extended to a broad variety of creative, intellectual, or artistic works. Copyright covers artistic as well as literary works, including photographs, paintings, maps, drawings, architecture, advertisements, sculptures, & technical drawings, as well as literary works consisting of novels, poems, plays, with reference books, computer programs, databases, newspapers, choreography, musical compositions, & films.

Reproduction in any manner, comprising printing, recording, copying, public performance, as well as adaptation, is prohibited by these rights. Due to development of the internet software programs are also becoming part of literary work in the context of the copyright. The registration of copyright is optional and duration of copyright protection shall extend till lifetime of the author having such copyright plus 50 years after his death and will go to the public domain.

Trademark

A mark capable of representing along with distinguishing goods or services of a particular source or entity from those of others refers to as trademark. Trademarks may consist of one or more words, characters, symbols, numbers, images, drawings, & even non-traditional trademarks like tastes, smells, shapes, or sounds. The trademark in relation to services instead of goods are known as service marks. Generally, registered only for 10-years these could be renewed indefinitely by reapplying.

By guaranteeing exclusive right to utilize mark commercially, assisting consumers for identifying goods or services, with granting permission to third parties for exploiting it in exchange for money, mark owner is protected. Customers identify a product or service based on its distinctive trademark, that identifies its nature & quality. The trademark registration is optional but for better protection, it is suggested that the trademark should be registered. Nowadays due to development of technology and expandable market access, internet domain names, consumer protection and goodwill of a business are becoming part of trademark.

Geographical Indicators (GI)

Geographical indicators symbols employed for products possessing distinct geographical origins. GI signifies that product originates from a specific location & possesses unique characteristics attributed to that origin, which might be village, town, region, or country. This unique right granted to specific community; consequently, advantages of this registration have been distributed among members of community. It could be used by any manufacturers or vendors whose products originate in that area with unique qualities. Darjeeling (tea), Kullu shawls, Bordeaux (wine), Chanderi (sarees), & Tuscany (olive oil) are prominent GIs examples.

Industrial Design

Shape, configuration, composition, or combination of colors & patterns created in a three-dimensional manner that has aesthetic value is referred to as industrial design. It could serve as three-dimensional pattern or two- dimensional pattern employed product production. Industrial designs can be registered for protection even if they are traditional craft items like cotton bed covers & carpets created by hand. It is necessary to register the design to prevent unauthorized copying & imitation. The 5-year protection is renewable for an additional 15- year period. And after that, the protection of the design elapses and goes to the public domain.

Trade Secret

A trade secret is any invention, instrument, procedure, formula, pattern, or collection of data that provides an enterprise a competitive financial advantage over competitors and customers that isn't generally known or reasonably ascertained. It could represent confidential business information that provides a competitive advantage to an enterprise. Trade secrets include distribution methods, sales techniques, marketing strategies, consumer demographics, along lists of suppliers with clients, in addition to manufacturing processes. A trade secret could be protected indefinitely, to a substantial secrecy degree maintained, making it challenging to obtain data without taking improper methods.

Layout Design for Integrated Circuits

A Semiconductor Integrated Circuit is a device consisting of transistors and additional circuit components that are cohesively manufactured on a semiconductor or insulating substrate. Integrated circuits registration is mandatory, with 10-years an initial duration, post which it may be periodically renewed.

Protection of New Plant Variety

Consequently, under IPR new plant varieties have been protected. This act acknowledges role of farmers as cultivators & conservators, in addition to contributions of traditional, rural, & tribal communities to the nation's agro-bio diversity. The plant protection registration is compulsory & tenure for legal protection of same is 15- 18years.

Various Issues in Respect to Intellectual Property Rights

IPR is dynamic & an evolving field but with the recent global trends, it is facing several challenges in the present day.

The key issues in relation to IPR are as follows:

1. Fundamental shift in technology: Globalization in the market, resulting in a major shift in technology and economic development, is making the IPR unworkable and ineffective. Due to the recent emergence and development of artificial intelligence (AI) systems becoming more sophisticated, they are capable of creating original content, raising questions of genuineness of the creation and who holds the IP rights to these creations. Traditional IP laws are based on human authorship, but human effort, dedication, and creativity for making unique creations are being eradicated due to the emergence of prompt technology through AI. Therefore, this is a complex area requiring proper and updated legal frameworks as a regulator to eradicate infringing activities through these technologies and to identify the actual owner of the creation.
2. Introduction of NFT as a drawback for IPR: Non-fungible tokens (NFTs) are blockchain-based tokens associated with specific assets, representing unique digital assets that are minted, recorded, and traded on a platform known as 'Blockchain.' They provide distinct advantages of ownership along with authenticity, with no possibility of data tampering, as the information is decentralized and accessible to everyone. NFTs are not exchangeable or replaceable, but they are protected by unique codes that are kept on a blockchain & are impossible to duplicate. However, the rise in the usage of AI and the digitalization of assets is making real-life assets and IP rights of the creators less important, as these technologies are reducing human authorship and focusing on creations with the help of AI prompt technology.
3. Dispute between trademark and domain names: A unique identifier of a website on the internet is a domain name, which is the address typed into a web browser to visit a specific website. For example, 'www.google.com'. As trademarks help in the unique identification of products and services, creators or entities desire to employ their marks as domain names for commercializing their products and services. However, due to the increasing number of cybercrimes, creators of these domain names frequently discover that unauthorized parties have recognized them, often intending to infringe upon the rights & reputation of legitimate trademark owners. To prevent this activity, legislation concerning cyber offenses should be updated to enforce proper penal action after identifying the wrongdoers.
4. Limited IPR protection for economic interest: The rapid increase in IPR infringement cases is negatively impacting the economy. Limited protection of IPR not only results in loss for a person or entity but also increases anti-competitive practices in the market, resulting in adverse effects on competition and affecting the financial stability of consumers. For instance, there has been significant controversy over the weakening of patent protections for COVID-19 vaccines to ensure global access, including temporary waivers of IP rights to facilitate vaccine distribution, which affects the market of that country. Regulations relating to IPR should be improved by balancing the interests of IPR owners and the economy.
5. E-commerce and counterfeit products & services: The rise of e-commerce has made it easier for counterfeit products to enter the market, posing challenges for IP enforcement. This issue is particularly prevalent in digital marketplaces where infringing products can be distributed quickly and widely, causing disputes over the creator's ownership and enabling wrongful gains for such e-commerce.
6. Difficulty in making IPR arbitrable: Making IPR disputes subject to arbitration is challenging because the issuance of IPR to the creator is done by the sovereign power, whereas the resolution of disputes via arbitration is decided by private parties. Also, in the case of IPR, the right in rem exists, giving owners absolute rights over their creations. However, in the current commercial landscape, the IP world is writ large with a web of rights intertwined with the originator's rights, creating subordinate rights that operate between private parties without state interference. This makes it challenging for courts/arbitral tribunals to distinguish between rights in rem and subordinate rights to determine arbitrability of an IP dispute.
7. Lack of awareness: A lack of education and awareness of IPR among the general public has led to a negative impact and an increase in IPR infringement cases.
8. Cross-border problems: From a global perspective, intellectual property rights face various cross-border issues. Laws & regulations pertaining to IPR vary among countries, along with language barriers and online infringements, leading to complications in enforcement and protection when IP is used or infringed across borders. For instance, a court ruling in one country may not be recognized or enforceable in another due to differences in local laws.
9. Multimedia licensing problem: Multimedia licensing involves granting permission to various types of media content, such as images, videos, music, and texts, under specified conditions. Creators legally commercialize their creations for monetary benefit. For example, a live-streaming platform broadcasting a movie or web series often mentions "all rights reserved," indicating that the creator has all rights and grants limited rights to others. However, in the digital world, licensing protection is becoming inferior due to a lack of regulation of cyber offenses and inadequate provisions in IP laws, providing a loophole for offenders.
10. Difficulty in patenting life reforms: Life forms that exist in nature cannot be patented due to the lack of an inventive step. The patentability of a modified life form is limited to the extent of the modification. However, if an inventive step is interpreted solely in terms of technological or economic significance, the standard of patentability is lowered, conflicting with the ultimate goal of patent granting—exploiting novelty for the benefit of mankind. This also raises concerns regarding the natural ecosystem, biodiversity preservation, and indigenous people's rights.
11. Difficulty in patenting business methods: Business methods, a type of utility patent, introduce new and useful ways of doing business. However, the rise of anti-competitive practices in the market, such as cartels infringing on and later using unique business methods for their commercial gains, poses challenges. This monopolistic practice demotivates small businesses from discovering new methods and continuing their respective functions in the market.
12. Limited benefit for creators in the public interest: Although software copyright owners benefit from their creations, their rights are not absolute in matters of public interest. Certain socially desirable circumstances permit the unauthorized use of copyrighted work without the author's consent, leading to increased infringement cases in copyrighted computer programs.
13. Limitations of the TRIPS agreement: The TRIPS agreement has limitations in the proper execution and implementation of IPRs worldwide. These include the limitation of implementation in non-member countries of WIPO, issues with protecting traditional methods of creation due to technological advancements, and a lack of awareness on the subject matter globally.

Conclusion:
The development of mankind is dependent upon human intelligence and this intelligence needs to be absolutely protected. The IPR is the only key which can execute the same by protecting the interest of the creator across the globe. The IPR is the ultimate turning point for the creators and the entities to get legal protection on their creations in every way possible but, it is undisputed that there are circumstances where the IPR faces difficulties in its proper implementation and it needs a proper solution.

Due to the recent trends in globalization and advancement of technology, the bundle of rights is becoming slowly backdated as not compatible with the present. So, to ensure such compatibility, the laws in relation to the IPR should be advanced according to the present technological needs and shall also ensure the creator's interest and public development in all aspects.

Secondly, lack of awareness and knowledge about the function of IPR is absent among the creators thus majority of the creators are the victims of infringement cases due to a lack of awareness about the fact their creations need to be legally protected against infringement by the third parties. So, a proper educational and awareness program is needed for the interest of those who are seeking to commercialize their creations and legally protect them in order to successfully execute the same.

Thirdly, from the economic perspective, creation of IP encourages other creators to create different and unique creations for the benefit of mankind and thus IPR should get merged with the competition law to ensure proper monopoly rights to the creators along with balancing the competitive atmosphere in the market.

Finally, the laws in relation to IPR in all the countries including the international agreements, shall contain mandatory provisions for resolution of disputes through arbitration or international arbitration. As the procedure of arbitration is similar to that of the court of law where the final decision for arbitral award against a commercial dispute is final & binding upon parties, disputes of IPR should be resolved in the same manner without any hindrance.

Further. the disputes that arise from transactions of IPR are usually commercial in nature which makes it eligible to be resolved before an arbitral court so that it can reduce the burden of the court of law. Therefore, creativity and innovation that come from the human mind, help in harmony in nature and such harmony will be balanced when they are protected by us. Hence, this consciousness proves that we are different than other species who can survive in this nature.

Bibliography:

1. WIPO - World Intellectual Property Organization. "WIPO - World Intellectual Property Organization." WIPO - World Intellectual Property Organization, www.wipo.int/portal/en/index.html.
2. Reddy, G. B. Intellectual Property Rights and the Law.
3. Garg, Rachit. "All About Intellectual Property Rights (IPR) - iPleaders." iPleaders, 31 May 2022, blog.ipleaders.in/all-about-intellectual-property-rights-ipr.
4. Sehgal, Diganth Raj. "Artificial Intelligence in IPR - a Door to Future - iPleaders." iPleaders, 10 May 2021, blog.ipleaders.in/artificial-intelligence-ipr-door-future.