The relevance of Intellectual Property Rights (IPR) in the context of current global economy has risen multi-fold and is an area of high focus and criticality. This is due to the continuing endeavours being made by companies to differentiate themselves through competitive solutions and create a niche for themselves vis-a-vis competition. Obviously, this will be associated with their willingness to invest huge sums of money to maintain the competitive edge and hence protection for their investment is of paramount importance. India is no exception to this global phenomena and this manuscript tries to evaluate the adequacy of protection made available specifically to the aspect of Trade Secrets and the challenges arising out of the same. Trade secret encompasses within itself a wide range of transactions - from a mere compilation of data or information to any process, design, machinery, tools, method, computer program, chemical process, practice, piece of equipment or even pricing information involved in the evolution of the product and it is imminent that such artifacts need to be protected at every stage of their evolution. The author is of the view that more stringent protection to violation of rights against Trade Secrets is desirable and currently does not seem to be in a level plane with other IP components. The author has tried to analyse the position by evaluation of the available laws and the case laws based on the rulings made by the august courts in India. The author has also tried to identify some of the possible solutions that may be of help to mitigate the current position in this regard.
Volume 1, Issue 3 / 2019
Articles · 16
The digital age brings both promise and peril to the consumers and creators. At one side, it is easier for the people to have access to the information and also the cost of production or publication will be less. But the problem for the producers is “how many copies will be sold in the market?”. Many people fear that the answer will actually be one. Intellectual property right provides some sort of assurance or security to the producers, that there product is safe.It will promote innovative ideas and creativity. The authors who work so long, spend their time, skill and effort will get a recognition. This article clearly explains the scope of IPR, the changing trends and the legislations governing IPR in the digital world.
Intellectual Property (IP) refers to the creations of the human mind like inventions , literary and artistic works and symbols, names , images and designs used in commerce. Intellectual Property is divided into two categories : Industrial Property, which includes inventions (patents ) , trademarks , industrial designs , and geographic indications of source ; and copyrights , which includes literary and artistic works such as novels , poems and plays , films , musical works , artistic works such as drawings, painting, photographs and sculptures , and architectural designs. Rights related to copyright include those of performing artists in their performances , producers of phonograms in their recordings , and those of broadcasters in their radio and television programs. Intellectual property rights protect the interests of creators by giving them property rights over their creations.
Keywords: Intellectual Property(IP), Inventions, Rights, Creators, Property
Intellectual property refers to the ownership of intangible. This includes ideas, designs, symbols, writings and creations. It also refers to digital media such as audio and video clips that can be downloaded online. Since intellectual property is intangible, if it is stolen, it may be difficult to recover. In the present scenario, IPR awareness is the key to technological innovation and in the emerging knowledge-based economy; the importance of IPR is likely to go further. The awareness among the creators of information and knowledge about IPR has become essential in the digital world because in the digital world it is becoming difficult to prove rights violation whenever they occur. In the present paper we are discussing of INTELLECTUAL PROPERTY RIGHTS (IPR) in the Digital World.
Keywords: Intellectual Property Rights (IPR), Digital World, Information and Communication Technology.
The challenges of intellectual property rights have been applied in traditional age. Innovation of property that underlines intellectual property is a concept of scarcity and limitations. The technology of the digital age have made intellectual property as a asset more it become easily available which means a scarcity is no longer reflective towards what’s going in intellectual property world. In fact they became more like air and water and if it is think about how those things can manage. So, it could be managed by exploring new ways to expand the traditional intellectual property to be applied more in a co-management kind of arrangement and also with respect to the assets is not going to be covered by intellectual property redeems. Perhaps being co management starts much like “water is co-management in a river”&“fish isco-management fisheries”. These are provided opportunities for fairness and balance in choose the application of intellectual property to voice some challenges that occurred which results in bringing the tradition of intellectual property laws into the future.Here in the paper we are emphasizing about intellectual property in the digital environment.
Keywords: Intellectual Property Rights, Copy Rights, Patent, trademark, digital environment, information and communication technology.
In the present Digital World, Intellectual Property Rights (IPR) awareness is the key to technological innovations and in the emerging economy i.e. based on knowledge; the importance of IPR is likely to go further. In the present article the authors highlight the importance of IPR in the Digital World. This article deals with scope and coverage of various concepts connected with IPR, such as intellectual product, patents, copyright, designs, trademarks, computer software, databases, and internet and cyber laws; copyright issues associated with digital information and protection of digital right.
Keywords: Intellectual Property Rights, Digital World, Information and Communication Technology, Copy Right, Patent, Trademarks and Cryptography.
The advent of technology today is surging through all spheres of life, and no doubt, it is revolutionizing every field it touches and it has been able to communicate with almost every field making our life easier. While some agree that technology in the field of Intellectual Property has successfully recognised the right of person to secure its innovation under the umbrella term of Intellectual Property Rights (IPR), others are of the view that it has caused problems for all as it has made reproduction (copying) and distribution quite easier and communicable almost to the extent that anyone can access anything from anywhere. This article will touch upon the interconnection of IPR and the Digital World while also giving insights on piracy related issues as well as the modes of protecting Intellectual Protection Rights in the view of special laws and amendment of existing laws so as to come down heavily on the people who infringes other’s Intellectual Property Rights.
When intellectual property laws were first drafted, computer technology did not exist. At that time, it was not foreseen that it would be necessary to protect information stored by digital means, nor was it foreseen that information would become such a sought after commodity[1]. With the developing technology, changes in intellectual property rights were needed to cope up with the advancement in technology. In reference with both IPR and the Digital World, we would do a comparative study on both the areas and the problems which have emerged with the revolutionary boom today.
[1] The Hindu, Technical know-how essential to check cybercrime, available at http://www.thehindu.com/2005/02/06/stories/2005020603910300.htm, visited on 4 Sept., 2019.
