Intellectual property is a concept not understood by a majority of the Indian population leading to nationwide disrespect of intellectual property legislation and contributing to the weakness of the Indian intellectual property infrastructure. This 26th of April on World Intellectual Property Day we, as global citizens and well-informed individuals, should take out the time to understand this admittedly confusing concept.
According to the World Intellectual Property Organization (WIPO), “intellectual property (IP) refers broadly to creations of the human mind, such as inventions, literary and artistic works, designs, symbols, names and images used in commerce”. In general terms, intellectual property refers to “unique, value-adding creations of the human intellect that result from human ingenuity, creativity and inventiveness”. Intellectual property rights, in turn, are laws which protect this intellectual property. The importance of protecting intellectual property was first recognized in 1883 in the Paris Convention for the Protection of Industrial Property and then later in 1886 in the Berne Convention for the Protection of Literary and Artistic Works, administered by the World Intellectual Property Organization. The general awareness of the importance of intellectual property has resulted in the creation of national legal systems of intellectual property rights to evolve in almost every country over the past 150 years.
A crucial point that many do not understand, however, is why exactly intellectual property needs to be protected in the first place. Here, it is first important to understand the significance of intellectual property itself. The very progress of humanity as a whole rests on its capacity to create and invent new works in various areas. At the very core, intellectual property rights are set in place to reward this creativity and human endeavor, ensuring recognition and material reward for intellectual property created, so it is possible for innovators to harness the commercial value of the outputs of human inventiveness and creativity and benefit from their own work or investment in a creation. These rights are outlined in Article 27 of the Universal Declaration of Human Rights, which provides for the right to benefit from the protection of moral and material interests resulting from authorship of scientific, literary or artistic productions.
Intellectual property rights provide an incentive to innovators for investing time in the process of creating, ensuring the availability of original products and fueling the progress of mankind. Thus, it provides an efficient system to help strike a balance between the interests of innovators and the public, creating an environment in which creativity and invention can flourish for the benefit of all. At the national level, an equitable intellectual property infrastructure can even act as a catalyst for economic development and social and cultural well-being.
These fundamental principles of protecting intellectual property rights complement the main aims of the United Nations, as set out in its governing document - the UN Charter. Namely, the aims of "maintaining worldwide peace and security”, “developing relations among nations” and “fostering cooperation between nations in order to solve economic, social, cultural, or humanitarian international problems” are also reflected in the aims of intellectual property legislation. It is for this reason that the World Intellectual Property Organization, responsible for overlooking intellectual property issues worldwide, is itself one out of the fifteen specialized agencies of the United Nations, ultimately contributing to the progress of mankind.
Intellectual property legislation is of utmost importance - our innovation economy and national security, as well as our quality of life, depend on it. Having a basic understanding of intellectual property and strictly adhering to intellectual property legislation is thus crucial in becoming a global citizen and a well-informed member of society.
Ermeena Shah
References
• https://www.wipo.int/about-ip/en/
• https://www.britannica.com/topic/World-Intellectual-Property-Organization
• https://iettn.ieee-ies.org/role-intellectual-property-innovation-new-product-development/
