INTELLECTUAL PROPERTY RIGHTS

Shweta Singh

What Are IPRs?

Legal ability to exclude others from using a designated piece of created information; Temporary provision of market power within a specific territory; Rights are limited for purposes of economic and social policy.

What are IPRs?

A set of property rights which protect creations of the mind They give the owner the exclusive right to exploit the intellectual property which is protected and to authorise others to do so a property right:
the

right to prevent others from enjoying the property the right to exploit the property

What is intellectual property?

Nature of IP rights

National rights Territory specific Intangible assets Can be registered or unregistered Can be exploited in two different ways:

Owned Licensed

Why Protect IPRs?

Society has an interest in knowledge creation and dissemination. Markets for knowledge and information are subject to failure. - Invention and creation are costly and face uncertainty. - Appropriability problems - Difficulties in selling information - Problems in signaling origin and quality

Objective Of IPR

Objectives of IPRs: - Stimulate invention, innovation, creation; - Promote use of new knowledge; - Disseminate new knowledge to others; - Provide certainty about products

TYPER OF IPR

Patents Trademarks Copyrights Unfair Competition

Trade Secrets

Industrial Designs Trade Secrets Utility Models Traditional Knowledge (?) Plant Variety Protection

Why are IPRs important?

IPRs allow control over technology, signs and creations Original Purpose: to stimulate innovation and creativity by compensating the creator/innovator for their intellectual efforts Lately: incentive to investment / change in market players --big multinationals

Options available to the IPR Holder

Exploit the IPR himself License the IPR to another party (s) with mutually negotiated benefit sharing arrangements Cross License for mutually independent working and / or collaborative working Assign the IPR to another party (s) for an appropriate return Barter rights Establish a franchise system involving other parties Take action against those who infringe his rights Let the rights selectively lapse in certain countries

Beware !!!!

IPRs

Why are IPRs controversial?

create semi-monopolies also covering goods that might be essential to society (e.g. pharmaceuticals and environmentally sound technologies) /raises prices (higher than production costs)
limit access to textbooks, educational material,

information impacts on reverse engineering and imitation exceptions are pushed to the limit/scope is widened: extension of subject matter - - patentability of life / software; extension of term of protection -- 70 years of copyright protection; creation of new rights -- non original databases; over relaxation of granting of patents -- lack of adequate description; inclusion of IP in trade, investment and stand alone agreements; primacy of private rights of public rights

Some facts

Swift pace of technological transformation technology has become important in all economic activities International collaborations have led to the globalization of all economic and technological activities Much more regulation!

3 countries concentrate around 60% of applications

5 countries account for above 80% of royalties and fees recipients of which above 70% relates to intra-firm payments

The Public Interest

Promotion of innovation Public health and access to medicines Nutrition and Food security Technology transfer Competition policy Human rights Development Fight against poverty Environmental protection Education

Whenever there is a conflict between human rights and property rights, the former must prevail Abraham Lincoln

QUESTION