It is not only that your tangible assets can be stolen, your creativity is equally at risk. A person’s creativity may result in an invention or a work of art. The list may include songs, designs or logos being used for trade, publications or any commercial activity. Such products are called intangible assets and Intellectual Property Laws protect a person’s proprietary rights over such assets.
India has been late in waking up to the hazards of intellectual property thefts and infringements. India as a member of the World Trade Organization (WTO) is under obligation to provide minimum standards of protection as stipulated under the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement. The Government of India approved the National Intellectual Property Rights Policy only in the year 2016 laying the road map for intellectual property protection. In India, intellectual property protection is covered by various laws, namely:
- The Copyright Act, 1957: It protects musical, dramatic ,literary and artistic creations as well as cinema and sound productions. Proprietary software also comes under its ambit
- The Patents Act, 1970: It protects scientific and other inventions.
- The Trade Marks Act, 1999: It protects brand names, logos, any combination of colors and other identifiers which help in distinguishing a brand from other.
- The Designs Act, 2000: This act replacing the old Designs Act, 1911 protects all components of industrial design
- The Geographical Indications Act, 1999: A product which is unique to a particular geographical location enjoys protection under this act. The unique name or any sign associated with the product is called the Geographical Indication (GI).
- The Semiconductor Integrated Circuit Layout Design Act, 2000: It protects the intellectual property rights of a maker’s semiconductor circuit layout design
In addition to these laws, confidential information and trade secrets are protected under common law.
The problem in India does not lie with the laws but in their implementation. Piracy of copyrighted material is rampant. We all have come across instances of copyrighted software usage or have seen cases of exhibition of pirated movies. There is extremely low knowledge about intellectual property rights infringement issues among law enforcement agencies. Most of the time their reaction will be that of surprise that how could a person complain of theft of an intangible asset. The responsibility lies not only with the governments (central & state) but also the people heading law enforcement agencies. Awareness programs about intellectual property can be started to make them aware about the seriousness with which such infringements should be treated.
All this takes place also because of poor awareness about Intellectual Property Laws. It is surprising how not only individuals but also organizations are not conversant with these laws and their infringements. In these times of cut-throat competition, intellectual property rights are not a luxury but a necessity. Big business houses have teams of in-house lawyers but small start-ups also need to get alert and look for required legal assistance.
The biggest deterrent for any individual or start-up while thinking about getting legal help regarding any intellectual property rights issue is the cost. This problem was identified by some investors and they started funding start-ups with the aim of creating good intellectual property portfolios. The government can also take a leaf out of their book and start a programme along these lines for the common man. The idea worth pondering over is that even if hiring a good law firm, well versed in Intellectual Property Laws may mean high costs but the returns may be even higher. Lawyers are trained to read fine print and to spot loopholes in any agreement or documentation. In case of any intellectual property rights abuse issue, they can not only get the legal system to stop it but may also get financial compensation for their clients.
Endnote
Proprietary rights over one’s creativity is a privilege enjoyed by every citizen. Their breach is a serious offence and one should never hesitate in taking legal help when such rights are abused. Awareness about this issue is rising in our country and there are many intellectual property lawyers in India who can be of help in such cases. Ahlawat & Associates has done a lot of work in increasing awareness about this issue and also worked towards the benefit of individuals and organizations affected by IP theft issues.
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