Why Value Intellectual Property?
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- Liliana Kelley
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1 Why Value Intellectual Property? The importance of intellectual property is reflected in everything around us and challenges old established ideas and concepts. In this millennium, the international role of intellectual property will grow as a result of competing creations and innovations, new ideas in the modern world and the efforts of developing countries to catch up with developed countries. The importance of intellectual property lies in the fact that it regulates relations among nations, especially now that the economic, political and social future of developing and developed countries has become closely interlinked. An objective study of the significance of intellectual property and progress made by nations through innovation and creation would reveal outstanding technology, abundance of information, flourishing civilizations founded on modern methods, enriching humanity with global achievements, enjoying freedom of speech, and nations and governments learning from lessons of the past, abiding by wise policies and paying due attention to science and knowledge. This is achieved when nations and governments work together, contributing with financial and intellectual resources to reveal the unknown and overcome obstacles; their true wealth is constituted of valuable traditional knowledge and results of scientific and research activities. Presenting an overview of IP rights in research sector, S Ramamurthy, professor at Centre for Emerging Technologies and adviser (IPR) at Jain University, said that innovation is embedded in daily life. He told the participants about the salient features of IP. IP covers the words we read, the images we see, the videos we watch, and music we listen to. Most of them are freely available to us. But their being free doesn t make them ours, he said, and defined IP right as a right that prevents people from copying others work. If you present others work or ideas as your own, it will be considered plagiarism, he said. Other than this, an analysis of reported judgments and orders in the field of intellectual property (IP) from 1995 to May There were 2,157 reported cases in 20 years and 1,433 decisions went in favor of IP owners. This analysis is a myth buster for those who says that INDIA is an ANTI IP Country. 1
2 What s The Scope? Intellectual property law (IP) is a growing practice area that protects creations of the human mind. These creations include inventions that qualify for patent protection; literary and artistic works such as books, plays, music and artwork; product names, slogans, logos and packaging; symbols, names, images and designs used in commerce; and trade secrets. In addition, at present what we see and what we hear almost everything is under Intellectual Property Law and has been copyrighted by someone else. All the artistic work like books, music, movies, and any other piece of art is safe when it has its copyright. To make it safe and secure artists copyright there art work. Apart from artistic work as scientific knowledge is getting vast and broad in today s world as compared to what it was in years back and allowed a whole new chance to various new growing industries to arise in fields such as biotechnology or nanotechnology, originators of such technology have sought IP protection for the new technologies. Moreover, the protection is seen is in the relation to copyright which is growing and increasing like serial extension and growing rapidly with the passing time. The rise in the internet users across the world from last decade and the growth of internet gave birth to lots of challenge for copyright policy. The Recording Industry Association of America, in particular, has been on the front lines of the fight against copyright violation, which the industry calls piracy. The industry has had victories against some services, including a highly publicized case against the file-sharing companies, and some people have been prosecuted for sharing files in violation of copyright. The new era of modernization has seen an increase in violation of Copyright Act by doing piracy and file sharing on internet. This can hinder legal uses, affecting public domain works, limitations and exceptions to copyright, or uses allowed by the copyright holder. 2
3 What s The Scope? In the context of trademarks, it is a legally validate symbol or identity mark for an organization. It is a unique symbol which a company has andrecognized by it through all over the world. There is not just one benefit of trademark that it s give a unique identity to a particular company but it s a symbol of its reputation across the globe. Registering a company s trademark is a license from which it can do a business in its particular domain. Trademark is a symbol which differentiates it from other competitors outside in the market. This is to make sure that no other company misuses its brand name or reputation. As, there are lots of threats in today s world which can spoil your name and reputation overnight, When a company is introduced to the market it s not essential that it will become a very famous one with it s opening only, but there are chances that they can produce any revolutionary product which can turn the game on their side. But if the company haven t registered trademark other company can market their product under their trademark. Which not only affect the profit of a firm but it can make that company to get disappear with no time from the market. Also if a reputed company has not registered its trademark any other company can market their products and services under their trademark taking a shortcut to get immense reputation from some other s work. Under current law, a trademark is any distinctive image associated with a product or service. For instance, Apple has a trademark of a picture of an apple. When a customer walks through the electronics section of a store, they automatically recognize the trademark of the Apple Company. In today s world and at the present scenario basic economy boosters like land, labor, and capital is not enough to boost the economy growth of any country. All these three factors are of very little use if there will be no creativity and innovation. Creativity and innovation are the two major drivers which can boost up the economic growth of the country. Globalization of technology elevated the importance of Intellectual Rights (IP), especially for those businesses which want to protect their work, innovations, ideas, methods etc. 3
4 What s The Scope? As India is becoming a pioneer in outsourcing services. IP has taken whole new place for the inventors in India. As India s is growing rapidly and one of the largest economies of the world, IP is a field where India is growing and growing rapidly with the passing time. The total revenue generated for the patent office (Kolkata, Delhi, Mumbai & Chennai) during the year is estimated to 1,29,32,740. Apart from this report of India government Mc Kinsey report says (2007), By 2015, patented products in India are likely to capture 10% share of Indian market, implying a market size of US $2 BILLION!. A recent research indicates that, at present only 3,800 professionals are providing patent related services to US from India; but by December 2015 there is going to be a significant increase in this figure, which would further witness a rise of up to 30,000 by December The increase in number of patent applications filed at IPO by industry sector, during the last six years has been three folds. According to Indian Patent Office (IPO), during over 34,000 patent applications were filed at IPO. Out of these Drugs and chemical industry contributed a decent percentage (33%), Computer/Electronics industry recorded (23%), and Mechanical industry (19%). Based on these statistics it can be concluded that Types of industries having good prospects in IP are Biotechnology, Bioinformatics, Pharmaceuticals, Information Technology, Telecommunication, Chemical, Mechanical, Textile, Automobile, and Heavy Engineering. Career openings in the field of IP can be directly attributed to the growth in certain areas like IP related work outsource from US to India and patents filed by industry sector in a year (both domestic and international). All over the world a few million patents are filed each year. In addition, there is the task of patent maintenance, management, litigation and so on. All this requires highly skilled technical and legal minds, as several tens of billions dollars of business is involved. While patent filing at the Indian patent office has seen a rise of per cent from to , assessment shows that only a meager 22 per cent of them have been filed by Indian applicants in While 43,663 patents were filed in , a majority or 78 per cent were international applications. These data shows how rapidly the IP industry is flourishing in India and rapidly growing, It also indicating that the scope of IP industry is growing and growing with a good pace. 4
5 Companies recruiting IP Professionals are as follows- IP COMPANIES Ashmar IP Inventree Brain League Cheers Interactive International IP Dolcera Adhikari IPC Sagacious Research Patracode Services Private Limited TecEsq Knowledge Solutions Private Limited IDS Legal Echo Solutions Fox Mandal Effectual Services De Penning & De Penning Lexterrae Consulting Pvt Ltd PatInt Solutions India Pvt. Ltd. Patentwire Zen Technologies Limited I WIN IP services Clairvolex IP MAS Juris Legal Consultants Sagacious Research LAW FIRMS Anand and Anand Lex Orbis Remfry and Sagar Lakshmikumaran & Sridharan Rajeshwari & Associates Singh & Singh Advocates Subramaniam, Nataraj & Associates Indian Juris John Mathew & Associates Inttladvocare Krishna & Saurastri Associates Lall Lahiri & Salhotra Ramfry and Sagar John Mathew & Associates Khaitan and Partners Khurana and Khurana 5
6 Companies recruiting IP Professionals are as follows- LPO/ KPO Mylan Laboratories TIFAC Tata Motors CPA Global Cadila Pharmaceuticals URDIP Microsoft Evalueserve Aurobindo Pharma CSIR GE Global Research Pangea 3 Dr. Reddy s Laboratories Indian Patent Office Ford Wipro LPO Sun Pharmaceutical TIFAC SAP Labs Infosys LPO Jubliant Lifesciences Indian Oil Limited Adobe Systems India Promax Legal Natco Pharma CCMB Nokia Thomson Reuters Biocon IIT Technology Transfer Cell Mercedes Benz WNS - Global Nectar Lifesciences CII IBM Corporation Glenmark Generics Limited LIFE-SCIENCE COMPANIES Indian Institute of Biotechnology ENGINEERING COMPANIES Novartis Nokia Ranbaxy GOVERNMENT Motorola Panacea Biotech BCIL Tata Steel 6
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