Paper Details
Paper Code: SL01V12023
Category: Special Lecture
Date of Publication: December 06, 2023
Citation: Justice (retd) Biplab Kumar Sarmah, “Emerging trends of Intellectual Property and its innovations in the Corporate Sector in the Contemporary world”, 1, AIJIPCA, 1, 1-2 (2023).
Author Details: Justice Biplab Kumar Sarmah (Scripted by Mrs. Ritimoni Sarmah), Former Judge, Gauhati High Court.
ABSTRACT
Justice Biplab Kumar Sarmah addressed the scholars gathered on the occasion of the 2-days National Seminar on the topic Emergence of Intellectual Property and Its Innovations in the Corporate Sector in the Contemporary Society as the Chief Guest of Honour. In his speech, he analyzed the evolution of Intellectual Property Rights and how its scope has expanded in the due course of time. He stated that although IP concerns emerged outside India but with the progress of time India also started emphasizing the legal mechanisms for protecting IPR. He also emphasized the importance of IP laws in the contemporary society.
KEYWORDS
Creativity; Emergence; Intellectual Property Rights; Legal Framework
Justice Sarmah begins his inaugural speech by quoting an old saying from Indian philosophy that the whole world is one family and we are to respect each other through our work. He then explains the meaning of the term Intellectual Property, that it has come to be internationally recognized as covering patents, industrial designs, copyrights, trademarks, know-how, and confidential information. The scope of IP is expanding very fast and attempts are being made by persons who create new creative ideas to seek protection under the umbrella of IPR. Justice Sarmah views that IP is altogether not a new concept. It was originated in Italy way back in 1700. IP has witnessed numerous modifications. After that different intellectual properties have come into existence as a result of IP maximalism and they are regarded as a matter of necessity in changing times.
He traces back the brief history of the laws & administrative procedures relating to IPR which have their roots in Europe. The trend of granting patents started in the 14th century. In comparison to other European countries, in some matters, England was technologically advanced & used to attract artisans from elsewhere on special terms. The first known copyrights appeared in Italy and most legal thinking in this area was done there. In India, patent acts were more than 150 years old. The inaugural one was the 1856 Act which was based on the British patent system and provided a patent term of 14 years followed by numerous Acts & amendments. Originally only patent trademarks and industrial designs were protected as industrial property. But, now the term IP has a much wider meaning. IPR ensures technology enhancements. It provides a mechanism for handling infringements, piracy, etc.
The impact of IPR regimes on developing and developed countries is a complex task. In the most recent times, India has been trying to establish itself as an intellectual property rights-friendly nation in the world. By defining its standards as per global international property norms, it has been reflected in some of the latest developments and innovations in laws related to IPR in India. One such effort can be seen in the Indian government’s vision to set up fully computerized IP Offices based on the USA’s patent & trademark model. The government has recently approved a patent prosecution higher programme which will ease and expedite the process of patent examination in India. Thus India has also made considerable progress in the field of Intellectual Property.
It is obvious that the management of IP & IPR is a multidimensional task & calls for many different tasks and strategies that need to be aligned with national laws & international treaties & conventions. It is no longer driven purely by a national perspective. IP & its associated rights are seriously influenced by the market needs, market response, cost-involving IP into commercial ventures & so on. In other words trade & commerce considerations are important & beneficial in the management of IPR.
Different forms of IPR demand different treatment & link and planning strategies & engagement of people with different domains of knowledge. Each industry should evolve its own IP policies, management style, practices, strategies, etc, depending on its area.