Introduction

Intellectual property refers to creations of the mind: inventions, literary and artistic
works, and symbols, names, images, and designs used in commerce.

Intellectual property is divided into two categories: Industrial property, which includes
inventions (patents), trademarks, industrial designs, and geographic indications of source;
and Copyright, which includes literary and artistic works such as novels, poems and
plays, films, musical works, artistic works such as drawings, paintings, photographs and
sculptures, and architectural designs. Rights related to copyright include those of
performing artists in their performances, producers of phonograms in their recordings,
and those of broadcasters in their radio and television programs. The simple way to
explain intellectual property is to understand that all great expressions and products have
an origin. A work of music, art, writing, film, or computer software belongs to its
creators. Your creative expressions and inventions have a lot of value and must be
protected however; your ideas are not considered intellectual property. Anyone who tries
to copy or "borrow" your work without permission is profiting from your hard work –
your intellectual property – without any credit to you.

Intellectual property is divided into two groupings: Industrial property (patents,

trademarks, industrial designs, and geographic indications of source) and Copyright
(literary and artistic works) / Rights related to copyright (performing artists, producers,
and broadcasters).

Intellectual property rights also have a large impact on international trade. Those
belonging to big brand pharmaceutical companies have stalled countries from providing
generic antiretroviral drugs to treat people with HIV/AIDS, due to long negotiations
between the pharmaceutical companies and the generic manufacturers.

Due to the emergence of information and communication technologies, namely the

Internet, defining the boundaries of intellectual property has become more challenging.
Technology has advanced to a state where previous copyright codes and laws no longer
fit. Some people find that copyright, as in “all rights reserved” is restrictive for our digital
age of file sharing and blog publishing. A Creative Commons license allows for more
flexibility for the creator, author or artist to attribute parameters on sharing their work.

Many people differ on the definition of piracy when it comes to files for download on the
Internet. While some see it as an obvious infringement of copyright law, others believe
ownership is more complex. The process of making files available to other users over the
Internet for downloading purposes is called peer-to-peer (P2P) file sharing.

Students and writers must take care when substantiating their own writing with
information and references from other texts. While the Web provides easy access to
articles, essays and other texts, every time a phrase, thought or paragraph is borrowed, it
is imperative to credit the original author by properly citing sources. Failure to do so or
intentional plagiarism may result in severe penalties such as suspension or expulsion from
school to major legal fines and penalties.

Around the turn of the millennium a lot of heat was generated about the WTO-TRIPS
regime and India’s compliance with some of its regulations. Suddenly intellectual
property became the new focus, the new buzzword for India and there was a growing
concern amongst the Indian intelligentsia that the new globalized environment requires us
to build a strong knowledge economy and that we cannot go forward as a nation unless
we have a strong IP culture and awareness about mechanisms to exploit it.

Eight years ago, against this backdrop recognizing the growing importance of intellectual
property and the need for its awareness and education, the idea for creating a small
boutique infrastructure offering educational services in IP to a niche segment took form.
IIPS was then set up by the SVKM in Mumbai. To visualize future needs of society, to
identify potential areas of future growth and development, to nurture expertise and talent
in those areas, all on the same platform is exactly what IIPS is about. Today it provides a
holistic and in-depth study of the various forms of intellectual property like patents,
copyrights, trademarks, designs and their implications.

It is said that ‘we don’t live in a world of reality; we live in a world of perceptions’. This
statement is particularly true when we realize that knowledge is nothing but perception.
So those who give shape to their perceptions, visions or catch a rainbow from the future
and are able to pin it down are to my mind geniuses.

Geniuses, be it a scientist, inventor, artist or creator needs to feel protected and secure
about his/her creation or invention. They also need to know how best to capitalize on it.
After all knowledge by itself does not pay, it is what you do with it that does.

Background

1. The term Intellectual Property (IP) reflects the idea that its subject matter is the
product of the mind or the intellect. These could be in the form of Patents;
Trademarks; Geographical Indications; Industrial Designs; Layout-Designs
(Topographies) of Integrated Circuits; Plant Variety Protection and Copyright.
 2. IP, protected through law, like any other form of property can be a matter of trade,
that is, it can be owned, bequeathed, sold or bought. The major features that
distinguish it from other forms are their intangibility and non-exhaustion by
consumption.

3. IP is the foundation of knowledge-based economy. It pervades all sectors of

economy and is increasingly becoming important for ensuring competitiveness of
the enterprises.

International Organizations & Treaties

A UN agency, namely, World Intellectual Property Organization (WIPO) based in

Geneva administers treaties in the field of intellectual property. India is a member of
WIPO.

Department of Industrial Policy & Promotion is the nodal Department in the

Government of India for all matters concerning WIPO.

India is also member of 2 major treaties, namely, Paris Convention for the
Protection of Industrial Property (relating to patents, trademarks, designs, etc.) of 1883
and the Berne Convention for the Protection of Literary and Artistic Works (relating to
copyright) of 1886. Apart from these, India is also a member of the Patent Cooperation
Treaty (PCT) which facilitates obtaining of patents in several countries by filing a single
application.

India is also a member of the World Trade Organization (WTO). The WTO agreement,
inter-alia, contains an agreement on IP, namely, the Agreement on Trade Related Aspects
of Intellectual Property (TRIPS). This Agreement made protection of intellectual
property an enforceable obligation of the Member States. TRIPS Agreement sets out
minimum standards of intellectual property protection for Member States.

India has complied with the obligations contained in the TRIPS Agreement and
amended/enacted IP laws.

Emerging Issues in Intellectual Property

Intellectual property plays an important role in an increasingly broad range of areas,

ranging from the Internet to health care to nearly all aspects of science and technology
and literature and the arts. Understanding the role of intellectual property in these areas -
many of them still emerging - often requires significant new research and study. In an
effort to promote informed discussion of the intellectual property issues involved in these
fields, WIPO regularly produces various explanatory publications on current issues of
interest. A selection of the texts of these publications is available below.

WIPO also occasionally commissions studies by various organizations or individuals on

similar issues relating to intellectual property. The views expressed in these studies, also
available below, are those of the authors, and do not necessarily represent the views of
WIPO.

Intellectual property in everyday life - a virtual tour

Intellectual property surrounds us in nearly everything we do. At home, at school, at

work. At rest and at play. No matter what we do, we are surrounded by the fruits of
human creativity and invention.

WIPO has taken this concept and created a virtual tour of IP in everyday life. Based on an
exhibition called At Home With Invention that was held at the WIPO Information Center
in Geneva, the tour provides a broad, interactive excursion into the various areas of
intellectual property in a familiar setting. Take a few minutes to find out how we are all . .
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