Intellectual property, what could this actually mean? Well, I've been as confused as your are for sometime now, infact I was like: "Precious, why are you so dumb" you're intellectually capable, of course I kept comforting myself repeatedly, not until I decided to make my own research besides it's even a topic fir today's #aprilinleo prompt, so I guess we'll get to learn something new.
Intellectual property known as IP for short is well concerned with the creations of the mind, which is literally linked to inventions, artistic processes, designs, names, images and symbols all used in commerce or should I say commercial purposes. IP covers a wide range of categories, infact it is subdivided into different facets depending on the sole purpose of each facet. Generally, IP is divided into 4 main parts, with a vast multiple others. Let's proceed to find out more about them through a step by step breakdown.
Patents
Patents are made to ensure safety in accordance with inventions, this is to say that inventors are granted exclusive rights to use, make and sell their inventions for some period of time usually a time range of 20 years.
Trademark
Trademark is an IP concerned with the protection of symbols, names and slogans which serves the purpose of identification and distinguishing goods and services. Trademark stand a chance of being renewed on a regular indefinite basis as far as it is still in vogue of usage thus renewal is highly implemented.
Copyrights
Copyrights plays a vital role again piracy as it protects original authorship works including musical, artistic,literary and dramatic works from being duplicated or stolen giving the author the freedom and exclusive right to reproduce, distribute and publicise their work.
Trade secrets
The word secrets should actually give you a clue on what that's all about. Your guess is as good as mine, well, trade secrets has to do with confidential information including patterns, compilations, formulas, methods, techniques and processes which acts as a backup for business competition. Trade secrets is a bit different from patents, copyrights and trademarks. Why? This is actually because it requires no legal registration and has no abrupt time frame for existence or usage. Thus it can last for a lifetime if properly maintained.
IP protection
From the details above, we can rightly come to the conclusion that IP protection varies according to type, while some such as patents and trademarks requires registration and due processes with right authorities, others like copyrights are granted automatically upon creation while trade secrets are duly protected via agreements security measures.
Enforcement and Infringement protocols
IP rights owners can enforce such rights by taking legal actions breach and violation of laws and this goes a long way to include laws against unauthorized implementation, duplication and distribution of protected IP.
International differences and considerations
Laws governing IP protection differs in the various countries round the globe, thus it is pertinent that creators and business owners navigate through the varying legal systems and be sure to deeply scrutinize their choices when seeking protection or enforcing their rights worldwide.
Transfer and Licensing
IP rights can be duly moved on from one person to another via agreements giving room for the licensee to use the IP in exchange for compensation.
IP strategy
For businesses and creators to protect their innovations, manage risks while maximizing the use of their assets, it is essential that a comprehensive IP strategy is developed.
Taking a close look at IP rights, they share similarities and seem to be considered in the context of human rights especially in the aspect of cultural rights while benefitting from scientific progress. IP rights being in convergence with human rights serves as a perfect combo for constitutional protection, in what areas? Lets find out:
Knowledge and culture accessibility
IP rights can go a long way to facilitate or hinder access to knowledge and culture. How? Well, IP protection which we all know incentivises business owners and creators to produce new works meanwhile, overly restrictive IP may limit access to knowledge and cultural expressions thus being an infringement on individual's rights.
Right to health and development
IP protection plays a vital role in access to essential medicines and technologies. Balancing IP protection in relation to health can be crucial but it is pertinent that life saving drugs and medical treatments are made affordable especially in countries where access to healthcare is limited, thus it shares the same sentiment as that of human rights- right to good medical care
Freedom of expression
Although copyright protection and freedom of speech may clash at times, especially with the fact that we live in this digital era where sharing of information and creative works. However, balance must be struck between protecting creator's rights and protecting individuals rights in areas of expressing themselves ensuring right to self expression and fair hearing.
Economic and Social rights
IP rights can bring about great impact on individuals economic and social rights like right to work, right to relationships, right to a good standard of living, right to enjoy the applications of scientific progress. Striking balance with IP rights is essential for promoting human rights and ensuring sustainable development.
Innovative processes and education
IP rights is a geared toward fostering innovation and education, but it could also be a hindrance. While certain IP rights encourages investment through research development, it could also restrict access to knowledge and educational opportunities especially where rights concerning copyrights are duly enforced.
Summarily, IP rights plays an utmost role in the world of commerce, but the fact that it collaborates and tallies with human rights makes it more endearing as it is multifaceted and complex. It is pertinent that careful consideration be taken concerning it's policies and laws, individual's well-being and rights. Balancing human interests and that of the society is enough to foster innovation and growth endeavouring to uphold human rights in a digital age as this.
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