Introduction to the series

Objectives

It has been a fundamental principle of law that the establishment and enforcement of intellectual property rights (IPRs) shall be governed by the legislations applicable within the territory of a country. This notion fortifies the character of IPR as a private right bestowed upon an eligible individual for the benefits and to the extent as decided by a particular nation. Therefore, IPR is as effective a right as any other right of property, to be enforced within the territory of a country.

However, what we happen to witness now is that IPRs are not only subjected to a plethora of legislations in each and every country, but in addition, there are also a number of basic principles that are found in the various international agreements and treaties that are binding on the member countries. How are we to coordinate the different principles and procedures of law, interpretation and application that prevail with respect to any one form of IPR?

While understanding the basic and founding principles of forms of IPRs is a challenge by itself, employing such knowledge for strategic benefits and timely enforcement of the rights is an altogether different task. This monthly column, termed as “International IPR Series”, shall have the following chief objectives:

1. To understand the prevalent criteria to establish and enforce IPRs across the world

2. To recognize the importance of international agreements and treaties, especially the Agreement on Trade Related aspects of Intellectual Property Rights (popularly known as TRIPs), in ensuring global standards.

Expected benefits

• Significance of international sources in understanding domestic law on IPRs;

• Appreciating the relevance of international trends in the interpretation of IPR based legislations; and

• Awareness and familiarity with the working of relevant international mechanisms of enforcement of IPRs.

Forms of IPRs

Considering the expertise at the Brain League and for the purpose of wider understanding in the global context, this series shall discuss the following forms of IPRs:

-          Patents

-          Copyrights

-          Trade Marks

-          Industrial Designs

-          Layout Designs of Integrated Circuits

-          Geographical Indications

-          Trade Secrets

-          Plant Varieties Protection

-          Traditional Knowledge

Content outline

This series shall present and discuss each of the different forms of IPRs in the light of the following subject heads:

1. Applicable and binding instruments – this shall enlist and briefly explain the various international agreements and treaties that are applicable to the IPR.

2. Relevant rules of interpretation – despite elaborate laws and rules made by a country to regulate an IPR, there is a significant body of principles that guide and govern the interpretation that may be attributed to enrich particular features of the IPR. This section shall highlight such rules of interpretation that are necessary for the qualitative understanding of domestic laws.

3. Enforcement trends – IPRs originate within a country, but are established and registered across different nations and therefore need to also be enforced globally. This part of the column shall focus on certain important trends in this regard.

Given the extensive nature of certain forms of IPRs, for instance, Patents, Copyrights, and Trade Marks, the series shall devote more columns to capture the diversity of issues and approaches that prevail in the international arena.