When we do any business, it is very important for us to have basic knowledge about Intellectual Property, otherwise if we break any law inadvertently, then we may have to pay for it, so even if you are not professional in it, but basic We get great benefit from having knowledge, so today we will try to understand about Intellectual Property in simple language, what is it and why we need to know it.
If something separates a man from other living beings, then it is his intellect, on the strength of intelligence a man can create wealth. One is the physical property which we see and the other property is the imaginations created by our intellects, which can be brought in direct form by which a person can earn money for himself. In this, things made by nature do not come, but by making some artificial changes in it, a company or a person can sell it, this is called Intellectual Property.
Today we will know in detail what is an Intellectual Property, know its explanation, know how many important types are there. Intellectual property, which we also call intellectual property, how it is created and what are its laws, this law decides the angle, we will know all this in detail.
Definition of Intellectual Property –
According to the World Intellectual Property Organization (WIPO) “Creation of Mind” inventions, ideas, etc. From the ideas created by man’s intellect, any object, some knowledge is created and society gets its benefit, in return, the rights of the person who created this creation are protected and laws are made for it to get economic benefits. Is. In this, through intellectual property such as copyrights, patents, trademarks, trade secrets, etc., personal intellectual property in which copyright comes and industrial intellectual property in which copyright, patent and trademark are included.
History of Intellectual Property –
Although people used to do inventions earlier also, but it was his personal property, there was no such concept. Individual freedom and free trade in Europe This concept began to gain momentum in the 16th century, and the awareness of the protection of the individual’s property began to increase, at that time intellectual property could also be a property, people started to feel that by then Britain and many European countries. Education and law and order had started to develop in At the same time, intellectual property should also be protected, for this, cases started coming in many courts.
Intellectual property was first written about in the Monthly Review in Britain in 1769. The World Intellectual Property Organization established in 1967 through the United Nations. Under which this concept was legally recognized for the first time.
World Intellectual Property Organization –
Through the World Trade Organization, this association sets policies for intellectual property. In today’s globalization era, any company can do business in any corner of the world. Therefore, in order that there should not be any problem regarding Intellectual Property, what should be the policy for which country regarding Intellectual Property for all the countries of the world that are associated with it through the World Trade Organization. When a country makes a law regarding Intellectual Property at its level, it is seen that that law should not violate any policy of this organization.
Types of Intellectual Property –
After 1990, globalization was implemented all over the world and through this the whole market was connected to the whole world and there was a need to change the laws of intellectual property of all countries, many changes were made in these laws in India. In the developed countries, this concept had reached long ago, but the laws of intellectual property were not so developed in those countries which were not developed or developed.
By using Intellectual Property, it is known about that country that what will be the future of that country because Intellectual Property creates competition for the invention in the market and in return it also gets money and rights are protected.
In today’s internet age, cases of intellectual property under cyber law have started coming up on a large scale and the cyber law system of India is not yet capable to pay attention to that level, but in the coming days these cases are likely to be very high. There is a possibility that there is going to be a need to strengthen this system. There are mainly three types of intellectual property, but there are many types of industrial intellectual property.
1) Copyright –
Copy Rights It is a legal right of any person or group of people or company under which their written creations, films, poems, works, stories, which have been protected under copyright law, which only that person can own. Gives modified material to use and can earn money in return.
No one other than that person can use its content, except with his permission and if done, it is considered a violation of law. Instead, the person who has broken the law has to pay compensation to the copywriter. There are two types of copyrights, personal, copyright and industrial copyright.
Copyright Infringement –
In copyright infringement, your literature, your films, poems, written research are protected under personal and industrial copyright, for this it is registered under the Copyright Act, without registering your content does not get protection or your intellectual property. And for its violation, you can take legal action on the front, in return for which you can get compensation.
Whether you are out of ignorance or willful, if you violate the law, then you have to pay compensation in the form of damages. Many times third parties are also involved in this, whoever use this content unknowingly, they all come under this infringement. Enforcement of this law is up to the copyright holder, if he wishes, he can simply eliminate this infringement by discussion at his own level or can appeal for damages.
Patent This is an industrial intellectual property right and it is a right given to any invention that can happen in a product or process. It is said that if you know the condition of a country, then you can see how many patent registers are there in that country. The country whose technology is advanced has more patent registers because having a patent register is considered to be more intellectual power of that country.
America, China, Japan is famous for this technology and their products and services are famous in the world, the reason for the development of these countries is the rights given by the protection of intellectual property, due to which they can earn a lot of money. The Patent is for twenty years, during which no person or company can use that product or process.
The Patent holder can give this patent to any person or company for use and can earn money in return. After the patent expires, that invention or idea becomes open to the society. You must have heard of generic medicine, what is it? When the patent of these medicines expires, then such medicines become cheaper for the society.
Patent Infringement –
In patent infringement, the patent holder gets legal protection and for its infringement, the front has to be compensated for damages. This protection gives protection to you and your intellectual property, it is your hard work due to fraud or theft and you have invested time and money for this, so it protects your human rights in a way. In some countries, the only civil laws are used for patent infringement, but in some countries criminal law is also used.
In India, the only civil laws are used for patent infringement and economic compensation is given. The money that has to be paid for damages is a substantial amount, so criminal liability is not used much in the Patent Act, only other charges are imposed if the law is not followed.
3) Trademark –
When a word, mark, phrase, designs or a combination of all these is registered in a trademark, it gets protection under the law of Intellectual Property, this trademark is renewed every ten years unless you want it only every ten years It is necessary to renew later. In this, there are two types of registers, one is the service register and the other is to register trademarks for the goods.
Trademark Infringement –
In trademark infringement, the trademark holder gets legal protection and for its infringement, the opposite has to be compensated. This protection gives protection to you and your intellectual property, it is your hard work due to fraud or theft and you have invested time and money for this, so it protects your human rights in a way. In the case of trademarks also infringement matters are filed in civil law and are disposed of by way of damages.
4) Trade Secrets –
Trade secret means some formula, practice, process, design, pattern and compilation of information which not everyone knows, there is some new information, these things are registered trade secret like what is the content of coca -cola, no one knows it but it is their earnings. It is a means and they keep it protected through trade secret, it does not contain natural things.
What is not Intellectual Property ? –
The things that are natural, you cannot call it Intellectual Property, but we see many changes in it, in which you can get Intellectual Property Right by making some changes to the natural things, like by purifying water you can get its patent. If the seeds used in the field have been made by modification, then they can also be patented, that means no one species of vegetation, if you do it by amendment, then you can get its patent.
In today’s modern internet era, it is very important to have basic knowledge about Intellectual Property because many times we unknowingly keep violating Intellectual Property Law and not knowing the law does not protect you from violation of law especially. This problem always comes to the bloggers and people working on YouTube.
There is a process of infringement of Intellectual Property and the one who violates has the right to get first notice as to what he has violated. Violation of Intellectual Property It mainly comes under civil law and its enforcement depends on the damage caused.