What
is IPR?
Property created with
the use of intellect and out of the intellectual labour of the
creator\inventor. The idea and expression of such idea is his own original work
and out of his ‘skill and labour.’ Although idea per is cannot be protected.
What is the nature of IP and why it is a ‘property’?
The intellectual
property is intangible i.e., it has a physical embodiment or an expression of
the creation but not necessarily. It differs from movable and tangible
properties like one’s land or house. The intangible properties are incorporeal
in nature. Some examples of IP include book, poem, working model/invention,
plant varieties from an area etc.
It is called a property
for the very reason that it has a ‘commercial value’ and industrial utility to
it. A property can be sold, altered and enjoyed possession by the owner and the
same applies to one’s IP. Such rights are not fundamental but statutory. But
the legal implications governing the controlling of IP protection gives that
exclusive right to enjoy the same for each IP right for a limited period.
Why one needs IP protection?
The purpose behind the
statutes governing the IPR field, have only one objective of protecting the
original work of the creator for a limited time to respect his skill and
creativity in spending time to create or invent something. It is to regard his
right to have ownership over such property. But reasonable limitations include
a fixed time to have ownership and also to prevent monopoly.
Often, pharma companies
charge higher prices on patented drugs cutting access to medicine for the
public, thus, exceptions like compulsory licensing and fair use are existing as
limitations. ‘Public purpose’ is a ground to determine the extent of exercising
the exclusive rights. It is in a way, an industrial property, making it useful
for country’s economy and commerce.
Types and classification of IP rights
-Patent:
granted to inventions by the inventor. The conditions are that it has to have
novelty, industrial utility and different from existing models and not just a
mere re-arrangement. The patentable inventions can be either a process or
product patent, which is usually granted for a term of 20 years (changes
according to different countries). It creates a certain monopoly over the
patented item.
-Copyright:
right granted to expression of ideas in physical form or in other expressed
terms. Artistic, dramatic, musical and written works of a creator. The
registration of the same is not necessary in some countries. The work has to be
original and out of his own creativity. International term of copyright period
extends to 50 years after the creator’s death as well.
-Trademark:
a mark, sign, form, an arrangement or combination of the colours or lines, name
of a product, which makes it distinguishable from other products and to
identify the brand name. It mainly helps to promote the company brand and to
help the public differentiate the same from others. It is synonymously called
as service marks.
-Industrial Design:
The pattern, structure, that forms the product. The intricate and aesthetic
features of the product that makes unique from others. It must not be
deceptively similar to another design or used before applying for registration.
It is different from copyright and trademark.
-Geographical
indication & other rights: A plant variety or a
type of food that is located in a particular geographical locality or a part of
country, be under geographical indication. It helps to identify the origin of
such product or type of product to the people. Other IP rights include trade
secrets and undisclosed information.
-Trade
secrets, Non-disclosure and license agreements
are also part of IP protection.
Author:
Swathi
Gunasekaran
Source: Quora
If you are looking for an experienced IP attorneys in Vietnam to help you with your patent application, you should visit ANT Lawyers.vn. We are supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property in Vietnam. We have specialized in the preparation and registration of patents, trademarks and designs for our clients.
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