SRM School of Law, SRMIST, is a premier legal institution that offers integrated (5-year) and Unitary Bachelor of Law (LL.B.) degrees in law, as well as postgraduate (Masters in Law degree) and doctoral programs (Ph.D. in Law). This blog illuminates some introductory concepts of intellectual property law in legal education programs that SRM School of Law incorporates into intellectual property courses as part of law degree programs.
What are Intellectual Property Rights?
- Intellectual property can be defined in simple words as a creation of the ‘human intellect or mind’, which possesses value in terms of money in the same manner as tangible property.
- Intellectual property rights are a category of intangible rights protecting commercially valuable products of the human intellect. The category comprises primarily trademark, copyright, and patent rights, but also includes industrial designs, trade secrets, plant varieties and farmers’ rights, publicity rights, and rights against unfair competition.
“…intellectual property rights are distinct and separate from property rights in tangible goods. For example, when a person posts a letter to someone, the personal property in the ink and parchment is transferred to the recipient…. but the sender retains intellectual property rights in the letter.” [Lionel Bently & Brad Sherman, Intellectual Property Law, pp. 1–2 (2001)].
Need for Intellectual Property Rights
- Intellectual property rights are necessary to ensure that authors/ creators/ inventors/ artists/ designers etc. are given incentives by allowing them exclusively to reap the benefits of the investment, time, and efforts they have applied to make their work/ creation/ invention/ art form/ design, etc. possible.
- If authors/ creators/ inventors/ artists/ designers etc. are not given any intellectual property rights, then they would be discouraged from conducting research and development, or creating art, literature, music, etc., leading to humans not advancing in science and art.
- Intellectual property rights are rights in certain intellectual properties to exclusive production/manufacture, usage, sale, etc. to the exclusion of other people by denying duplication of that intellectual property.
- From a philosophical perspective, granting intellectual property rights is necessary because they provide inventors with an ‘incentive’ to disclose valuable technical information to the public, which otherwise would have remained secretive because there is no incentive or benefit to disclosing the same. Trademark rights are needed to ensure traders and service providers are encouraged to offer their optimal quality products without fear of losing profits due to their name/logo etc. being copied by others. That incentive is nothing but the exclusive right to monetize that invention/ creation, either directly or indirectly (through licensing).
- Recognizing intellectual property rights is a reward for an inventor/creator’s hard work, encouraging them to continue doing more research, development, and innovation and contribute towards the betterment of society by making such innovations or creations available to the public.
Also, SRM School of Law has a team of experienced faculty members who are legal luminaries in the field of intellectual property law. With a legacy of offering legal programs of the highest quality for over a decade, SRM is your apt destination to learn law.
To understand more, visit SRM School of Law.