INDEX
INTRODUCUTION
- TYPES OF IPR
- ROLE AND BENEFITS OF IPR
- EMERGENCE OF IPR
- DISADVANTAGES OF IPR
POLICY MAKING OVERVIEW
- STAGES OF POLICY MAKING
- EFFECT OF POLICY MAKING
STRIKING A BALANCE BETWEEN THE INTELLECTUAL PROEPRTY RIGHTS AND POLICY MAKING
- WHY IT IS IMPORTANT?
- HOW DOES IT HELP?
IPR, MARKET AND POLICY
- MARKET OVERVIEW
- RELATIONSHIP BETWEEN THE IPR, MARKET AND POLICY
FOREIGN POLICIES AND IPR
- FOREIGN POLICY OVERVIEW
- EVALUATING A RELATIONSHIP BETWEEN THE FOREIGN POLICY AND IPR
TAX POLICIES AND IPR
- TAX OVERVIEW
- EVALUTING RELATIONSHIP BETWEEN TAX POLICIES AND IPR.
CONCLUSION
ABSTRACT
Intellectual Property Rights have been observed as one of the emerging fields in today’s century. It is a right that often helps the artist protect their innovations and designs, creations, etc. The aim of IPR is to protect the creation of Human Intellect. Often comprising rights such as patents, copyrights, trademarks, industrial designs, and geographical indication, the purpose is to reward human intellect and prosper economically. IPR also helps firms to shape and invest, develop, and commercialize new technologies. The reason behind such development is that IPR helps to protect creations from imitation. Though it has also been observed that the excessive role of IPR gives rise to the cost of entry and deters new investment thus decreasing new innovations. Therefore, in order to strike the right balance between IPR and innovations, the role of policymaking comes into play. This Research analysis will help to understand the role of policymaking and how it helps to connect the world. The Research will also focus on the policies related to IPR affecting innovation and market. Lastly, the emphasis will be put on the various other aspects such as the Tax regime and IPR, Foreign Policy, and IPR, etc., and whether such policies encourage or deter investment.
KEYWORDS
INTELLECTUAL PROPERTY RIGHTS, HUMAN INTELLECT, INNOVATIONS, DESIGNS, POLICY MAKING
INTRODUCTION
Intellectual Property Rights are the rights that are provided to a person for the creation of their minds. Generally, it has been provided to a creator to have an exclusive right over the use of his/her creation for a creation period of time. While Intellectual Property refers to creations of the mind. It includes inventions, literary and artistic work: designs and symbols, names, and images. IPR helps creator to earn recognition as well as benefit them financially for their creations. It is associated with intangible assets owned by a person or a company and protected against without consent. IPR helps to strike a balance between the interest of innovators and the wider public interest. It often consists of:
- Patent
- Copyright
- Trademark
- Industrial Designs
- Geographical Indications
While Policy formulation can be described as an approach to solving a problem. It is often guided by Public policies that talk about general principles through which government is guided in its management and public affairs. Broadly, Policy formulation refers to the process used by a government to decide what to do or what not to do related to a public problem or issue that requires its attention and action. It plays a very important role due to its impact caused to every citizen day to day life. This research helps to examine the relationship between policy-making and how it impacts the IPR. Moreover, the research will also dwell on how IPR helps to connect the world closer as well as how it affects other regulations such as tax and foreign policy.
RESEARCH METHODOLOGY
This Paper on Descriptive Nature and the Research is based on secondary sources for the thorough analysis of the relationship between Intellectual Property Rights and Policy Formulation. Secondary sources of information include such as newspapers, articles, books, journals, and websites used for research.
REVIEW OF LITERATURE
GENERAL CONCEPT OF IPR
IPR is often associated with intangible assets which are created by human intellect. This article written by Nidhi Bajaj in Pleaders helps us to understand the meaning and definition of IPR. Since the article has put emphasis on every aspect of Intellectual Property Rights, it helps to understand the general concept in the most effective manner. Moreover, the international significance related to IPR will support the research to see from a global perspective. Conventions like the Paris Convention and patent co-operation treaty are discussed briefly, thus aiding research on their contribution towards connecting IPR and the world.[1]
DIFFERENT TYPES OF INTELLECTUAL PROPERTY OF RIGHTS
Intellectual Property Rights often consist of certain sets of different rights which help the creator to avail a different set of protections. These protections are provided to creators in with accordance to their creation’s requirement. [2]The articles will help the research to understand how Different Intellectual property Rights actually work and what role they play to protect the creator’s creation in society. Though at the Global level, there are 4 types of intellectual property rights in India it consists of 7 types of Intellectual Property Rights[3]. This also led us see to how policy formulation thinks from the society’s point of view. The seven types of Intellectual Property of Rights are:
- Copyright: Copyright talks about the protection and exploitation related to the expression of an idea. It generally protects original literary, musical, and artistic works as well as cinematograph films and sound recordings. It grants the creator to have an exclusive right to do or authorize to do any other activity related to copyright. In India, the Copyright Act, of 1957 deals with it.
- Patent: A patent helps to protect new inventions of the creator. It helps to protect the rights of a creator by preventing other people to use inventions misappropriated. In India, the Patent Act of 1970 deals with the concept of Patents.
- Design: A design often helps the creator to protect the creations which are related to shape, configuration, pattern, ornaments, or composition of lines or colors. It can be applied to [4]any article which can be either two-dimensional or three-dimensional. In India, Design Act 2000, is formulated to protect the designs.
- Trademark: The trademark protects the logos and brands of the creator. It helps to protect the business as well as the economic status of the creator. In India, trademarks are protected through the trademark act.
- Geogarphical Indication: Geographical Indication often protects name or sign of the protected which is connected to a geographic location or origin of the product. Example for this is Darjeeling tea. In India, Geographical Indication is protected by the Geographical Indication of Goods (Registration and Protection Act, 1999.
- Plant Varieties: Plant Varieties is another term used in IPR to protect and recognize the rights of Indian Farmers in relation to plant varieties as well as encourage their development. It is protected under the Protection of Plant Varieties and Farmer’s Rights Act, 2007.
- Integrated Circuit Layout: It is also one of the Intellectual Property Rights which is protected in India. It consists of protection related to transistors and other circuitry elements. The Semiconductor Integrated Circuit Layout-Design Act 2000 helps to protect these layout.
ROLE AND BENEFITS OF IPR
These articles will help to establish what are the roles and benefits of promoting IPR in India and the world. From the prosperity of the economy to encouraging innovations, the scope of IPR has expanded more than this.[5] IPR would help the creator’s idea turn into a profitable business, thus increasing the business market value[6]. Moreover, it also aids businesses to stand out in competition as well as promotes fair competition among the players. Even European Commission has also stated its view that Intellectual Property Rights help to promote various cultures as well as also act as collateral to obtain finance. Understanding Roles and benefits is necessary from the research point of view. The reason behind this is that it helps to understand how IPR is actually benefitting society, and what should be taken into view while formulating the policy. [7]
CASE LAWS RELATED TO IPR
Case Laws play a very important role to understand the applicability of the IPR. The research will put emphasis on certain Case laws to understand how IPR and society either conflict or cooperate with each other.[8] Some of the Cases which shall be included are Marico Limited Vs Abhijeet Bhansali, Sameer Wadekar and Anr. Vs Netflix Services Limited Pvt.Ltd and Others.
UNIVERSAL DECLARATION OF HUMAN RIGHTS.
IPR cannot be defined without mention of the Universal Declaration of Human Rights. It is often considered as the document which has set a milestone in human right history. Due to its great influence, more than 70 human rights treaties have been adopted which have been applied on a permanent basis at global and regional levels. The research will put emphasis towards the role of IPR in human rights and how it affects the society in general[9]. Moreover, the research will critically analyze Article 27 of the Universal Declaration of Human Rights. [10]The Critical Analysis of Article 27 will aid the research to understand how IPR is paving its way in societies and how it is creating protection on a global level.
THE EMERGENCE OF INTELLECTUAL PROPERTY RIGHTS
To understand the roots of the IPR, one has to observe the history and emergence of Intellectual Property Rights. These articles will aid the research to look through the history of Intellectual Property Rights as well as its position in previous centuries[11]. Originated In 1474 in Vertian Law, but the emergence of Intellectual Property Rights can be traced back to 500 BCE.[12] Though roots first started in Europe, though it started to spread to other countries. The articles will also help to see the emergence of the Intellectual Property of Rights in India.[13] The concept of Intellectual Property Rights that emerged in India can be traced back to 1856 when Indian Patent Act came into force. The research will also help to understand why Intellectual Property Rights is a new and emerging and what we can understand from a historical point of view.
CONS OF INTELLECTUAL PROPERTY RIGHTS
Till now, one has observed the significance and benefits related to Intellectual Property Rights. The articles will support to look at the challenges which are still faced in the field of Intellectual Property Rights.[14] From enforcement challenges to not getting enough protection, the journey of IPR is still has a long way to go. [15]These Challenges also led to question whether the policy formulation is conducted effective or not or whether these challenges are due to the ongoing change within the society.[16] The article will also help to question whether purpose of the Intellectual Property has been met or not.
POLICY MAKING
Policy making or policy formulation often refers to as process through which a state decide what they should do or what they should not to do related to the issue or problem the state is facing[17]. It is an important aspect of the public policy. Policy formulation helps to recognize as well as involve other various groups such interest groups creating a series of network. This series of network include both public and private sector thus creating both aspects of while formulating policies. These articles will support the research to understand the general meaning of Policy making as well as how it aids the state for better governance[18]. Through understanding the concept of the policy making, one could emphasis towards how intellectual Property rights can be connected with it.
PROCESS OF POLICY MAKING
The origins and emergence helps to understand the viewpoints of the particular era as well as learn certain key points from it. But it is the process through which one could actually learn how to implement and execute for the betterment of the society. These article written by the different authors will put their emphasis towards the 5 stages of the of policy making. The five stages of this process will aid the research to understand the viewpoint of the policy makers as well as how it can connected while formulating policy related to IPR. The 5 stages which is included can be as follows:
- Agenda Setting: It will put emphasis towards a problem or challenge which can impact the public. In this stage problem is identified.
- Policy Formulation: In this stage, policy makers mention about the possible solutions from the limited options available.
- Decision Making: In this step, Government decide which course of action they need to take.
- Policy Implementation: In this stage, government put the public policy into effect.
- Policy Evaluation: In this, the state will monitor the implementation and whether the policy is achieving the desired goal or not.[19]
EFFECTS OF THE POLICY MAKING
It is extremely important to understand what the major goals while implementing the policies are. Policy making and implementation ensures social justice to the society as well as helps to analyses the actions of government. [20]It also identifies the need of the Interest Group as well as caters those requirement of them. Though policy making has certain benefits but at the same time, it has a certain loopholes. [21]Lack of Innovation and inflexibility is often challenge in front of the policy makers. These articles will take the research towards how the policy implementation and making can actually affect the society[22]. Intellectual Property Rights has been criticized for the sticking traditional norms as well as not providing enough protection. Therefore, the effects of policy making is important to find out the loopholes in the challenges faced in the field of the Intellectual Property Rights.
STRIKING A BALANCE BETWEEN THE INTELLECTUAL PROPERTY RIGHTS AND POLICY MAKING
To have an effective Intellectual property, striking a balance between the policy making is a must. The reason behind such balance is that Intellectual Property rights helps to put certain social cost on the public. This is done through the by limiting it access to the protected work. Moreover, the process of policy making helps to strive a balance from creating neither weak IPR environment nor strong Intellectual Property Rights environment. These articles will help to ensure that research is able to work on the question how Intellectual Property Rights and Policy Making process should be balanced in most appropriate manner. Moreover, with latest examples, the research will also focus on its applicability. [23]Through the article support the research will also look at the IPR and its relationship with other organization such as TRIPS.
IPR, POLICY AND MARKET
One of the major goals of Intellectual Property Rights is to promote the economy of the state. Therefore it is extremely important that policies created for should perform well in the markets. Since Intellectual Property Rights helps to provide exclusive rights to the creators, therefore it aids creators to reap commercial benefit out of it. Moreover, the role of IPR leads for better identification, planning, and commercialization of the creativity. [24]While the public policy helps to shaping the evolution of IP market and its impact on the creativity. Through these article, the research will focus upon the role of the market as well as how it impacts the process of policy making in the Intellectual Property Rights from Global Perspective. With the latest news, provided in the article mentioned in the Drishti IAS, the research will look upon the how Indian Policy makers are working to have a better implantation of Intellectual Property Rights in the Market.[25]
FOREIGN POLICY AND INTELLECTUAL PROPERTY RIGHTS
What is a Foreign Policy?
To understand the relationship between the Foreign Policy and Intellectual Property Rights, one need to go through the basic concepts of foreign policy. Foreign policies are defined as the general objectives which guide the states in its interactions with other states. [26]These articles will help in understanding the basic concept of the general policy as well as what are objectives that is need to meet for the effective implementation of the foreign policy.[27]
RELATIONSHIP BETWEEN THE FOREIGN POLICY AND INTELLECTUAL PROPERTY RIGHTS
Intellectual Property Rights has a huge significance to connect the world we see today. Since the basic role of foreign policy is ensure effective interaction among the states, therefore evaluating a relationship between the foreign policy and Intellectual Property. [28]The articles will help the research to look into the how various countries protects the IPR as well as Foreign Direct Investment affects the innovation, and welfare analytically.[29]
TAX POLICY AND INTELLECTUAL PROPERTY RIGHTS
With involvement of the commercial benefits arising through the Intellectual Property Right. The role of tax will also come into the play. Tax is defined as a financial charge which is given by an individual to the Government. It is collected as a revenue for the public works. [30]The articles will aid the research to look at the relationship between the tax and Intellectual Property Right. It will also look upon how intellectual property comes under the tax provisions and also how IP influences tax in the business and corporates.
SUGGESTION AND CONCLUSION
The Research will look at the concepts of the Intellectual Property Rights as well as policy concepts. Understanding the basic concepts of both the entities, the research will dwell upon the creating balance between the IPR and Policy process. This balance is extremely important from the viewpoint for society because this practices will help to create more effectiveness in governance and implementation of the Intellectual Property Rights. It has also been noted in the research that Intellectual Property does not work in the isolation. It has been observed through it role in connecting the globe as well as its relationship with the other identities such foreign policies and tax policies. Therefore, to have effective implementation of the Intellectual Property Rights a Harmonious Construction among their identities should be constituted.
Name: Kanishka Singh
College: Chandigarh University
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[2] Types of Intellectual Property Rights in India, https://www.lexology.com/library/detail.aspx?g=7045cf52-4a2c-465f-980b-b5af034e2064
[3] Types of Intellectual Property Rights, https://www.dmu.ac.uk/research/research-support/intellectual-property/types-of-intellectual-property-rights.aspx
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[10] Universal Declaration of Human Rights, https://www.un.org/en/about-us/universal-declaration-of-human-rights
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[12] History and evolution of IPR, https://legaldesire.com/history-and-evolution-of-ipr/
[13]IPRlaw-Historyhttps://www.legalserviceindia.com/legal/article-3581-ipr-law-history.html#:~:text=The%20origin%20of%20international%20IP,property%20and%20inventions%20in%201883.&text=Eventually%2C%20in%201893%2C%20the%20United,of%20Intellectual%20Property%20was%20constituted.
[14] Advantages and Disadvantages of Intellectual Property Rights, https://corpbiz.io/learning/advantages-and-disadvantages-of-intellectual-property-rights/
[15] Disadvantages of Intellectual Property Rights, https://www.startupfino.com/blogs/disadvantages-of-intellectual-property-rights/#:~:text=In%20India%2C%20some%20of%20the,cultural%20expressions%2C%20and%20enforcement%20challenges.
[16] What are the Disadvantages of Intellectual Property Rights, https://www.upcounsel.com/disadvantages-of-intellectual-property-rights
[17] Issue Networks: Iron Triangles, Subgovernments, Policy Communities, Policy Networks, https://www.sciencedirect.com/topics/social-sciences/policy-making
[18] American Government, https://www.cliffsnotes.com/study-guides/american-government/public-policy/the-policymaking-process
[19] The Five Stages of Policy making cycle, https://online.pointpark.edu/public-administration/policy-making-cycle/
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[21] Interest Group and Civil Society in Public Health Policy, https://www.sciencedirect.com/topics/earth-and-planetary-sciences/policy-making
[22] Role of Information Technology in Public Policy Formulation and Implementation, https://www.nic.in/blogs/role-of-information-technology-in-public-policy-formulation-and-implementation/
[23] Everything you need to know about New IPR policy, https://yourstory.com/2016/05/new-ipr-policy-india
[24]Intellectual Property Rights: An overview and Implications in Indian Market, https://www.legalserviceindia.com/legal/article-10656-intellectual-property-rights-an-overview-and-implications-in-indian-markets.html#:~:text=IPR%20laws%20and%20policies%20are,invest%20in%20research%20and%20development.
[25] Intellectual Property Rights Policy Management Framework, https://www.drishtiias.com/daily-updates/daily-news-analysis/intellectual-property-rights-policy-management-framework
[26] Foreign Policy, https://www.britannica.com/topic/foreign-policy
[27] What is Foreign Policy? https://universidadeuropea.com/en/blog/what-is-foreign-policy/
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[29] Protecting Intellectual Property Rights (IPR) overseas, https://www.uspto.gov/ip-policy/ipr-toolkits
[30] Taxation On Intellectual Property Rights, https://www.legalserviceindia.com/legal/article-8229-taxation-on-intellectual-property-rights.html