Paper Details
Paper Code: CP02V12023
Category: Research Papers
Date of Publication: December 06, 2023
Citation: Mrs. Manalisa Medhi, “Social and Economic Perspective of Business and Intellectual Property in India”, 1, AIJIPCA, (2023).
Author Details: Mrs. Manalisa Medhi, Assistant Professor, Dr. R.K.B. Law College
ABSTRACT
In today’s scenario, incorporeal properties are considered intellectual property. The ideas, ideologies, and inventions of an individual regarding incorporeal property have typically changed the concept of property and created ‘Rights’ over the thing that is legally protected by the law. Due to industrialization, modernization, and privatization, every kind of property has a great value. In this context, IPR is also not an exception. IPR improves the global economy through the new edition of Copyright, Patent, Design, Trade Mark, Confidential Information, Trade Secrets, and know-how. This recent dimension plays a crucial role in the development of industry, commerce, and trade in the growth of creative efforts in almost every field of human endeavour. Hence, this discussion attempts to address the value of these species of property which is recognized as one of the important improvements of property in the field of law. But it has some negative aspects also. To reduce the negative impact, the various international and national body regulates IPR from time to time. This discussion is isproposed to address some issues and interface between intellectual property rights, competition law, its regulatory framework, and environmental impact over the invention, and the issues relating to the Trade-Related Aspects of Intellectual Property Rights briefly called the TRIPS to narrate the role of the Indian corporate sector in terms of IPR. This study is generally exploratory in nature and secondary data has been collected from various published, unpublished sources as well as the seminar papers presented by the presenters in the Fourth Technical Session which was held on 25th April 2022. The objective of this discussion clearly identifies the role of IPR and its role in a vigorous manner.
KEYWORDS
Intellectual Property,; Development; Technology; Industry; Environment
Introduction
Intellectual property is a property that is developed by human intellect. Various statutes and judicial frameworks protect intellectual property rights in India. In the Indian scenario, various laws relating to Intellectual Property Rights are: The Copyright Act of 1957, The Patent Act, of 1970, The Trademarks Act of 1999, and The Geographical Indication of Goods (Registration and Protection) Act 1999, etc. Nowadays, IPR plays a pivotal role in economic growth. For the purpose of the business, various innovative ideas are developed. IPR protects these innovations and creations which are connected with economic growth and development. It also gives safeguard to the rights and interest of the creator and encourages research & information creation. It banned the competitors or anybody, exploiting the property without the permission of the creators. In this present juncture, intellectual property and its innovations, therefore, become an area for animated discussions in debates and seminars. It is in this regard that the two pioneer law colleges of Assam namely, Dr. Rohini Kanta Barua Law College of Dibrugarh and Nowgong Law College of Nagaon in its joint venture and collaboration with Aequitas Victoria Foundation in pursuit of academic excellence have organized the National Seminar on 24thand 25th April 2022 to deliberate on key areas associated with the theme.
The aim of this National Seminar on “Emerging Trends of Intellectual Property and Innovations in the Corporate Sector in the Contemporary World” pave the way for a digital India with the transfer of technology without pirates. It extends a great expectation from this seminar that this publication of research papers would be able to throw light on some specific issues for future generations. It paves the path of development through new innovations, explorations, and inventions within the ambit of technology in this modern age.
The two-day seminar is intended to disseminate awareness on the role of IPR in protecting the rights of the creators, and inventors and thereby act as a catalyst for the expansion of IP in different disciplines of human civilization. It is also intended to create a platform for discussion on the impact of IP on the socio-economic development of a country and thereby stimulate innovations.
On 25th April, technical session 4 was predominated by the sub-theme on the social and Economic Perspectives of Business and Intellectual Property in India. This session was enlightened by nine paper presenters such as Madhusree Banerjee, Rahul Neema, Mrs.S P Vidyassri, Mr. Asif Iqbal, Mr. Edmund Syad, and Dr. Karavi Barman & Dr. Karavi Barman, Mr. Shudhangsu Shekhar, Mr. Shankar Pandey, Dr. Smarita Mohanty who have contributed to their valuable suggestions and fine-tuning of certain presentations intermittently. In connection with this seminar, it is a well-established view that the deliberation of the presenters was very interesting as they did not strictly adhere to an academic or intellectual milieu but also embraced field observation of those who were or have been engaged in carrying this information forward.
The session was presided over smoothly by renowned Resource Person Dr. AmarJyoti Sarmah, Assistant Professor of B.R.M. Law College, Assam.
Analysis of the Papers
After the gradual development of human civilization gradually industries and technologies developed. As a result, various economic perspectives faced challenges in the business and intellectual property field in India, some issues are explained by, the below-mentioned paper presenters. The set of presentations addresses wide-ranging issues that are pertinent to the Social and Economic Perspective of Business and Intellectual Property in India. During the two-day seminar, the scholars made presentations on diverse issues relating to Intellectual Property which would help the scholars immensely in formulating their research work better and also help to address various barriers so far as IP in the corporate sector is primarily concerned.
In her paper “Gender Perspectives in Business,[1] the author firmly calls for the need to remove gender discrimination from society. She addressed that a new class of young professionals with a variety of new idioms and ideologies has typically emerged in the countryside. In her paper, she focused thatbusiness can be led by any gender. In business, both men and women play great roles and responsibilities. Discrimination should not be encouraged based on sex, merits, potential, or profit-making, and strategies should guide the interest of the business and absorption by the individuals should be taken into account. Gender perspectives provide an outlook for people based on gender primarily looking into the social roles and interactions prescribed for the respective people therein. Gender is focused here on Functional Theory, Conflict Theory, and Symbolic Theory. Indian Jurisprudence provides various laws for the protection and security of working women froma business perspective such as Article 39 of the Indian Constitution, Sec.5 of the Equal Remuneration Act, Sec. 149(1) of the Companies Act, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal )Act 2013, Maternity Benefit Act1961.
According to the Author, a few steps should be implemented to ensure the safety of gender empowerment, avoidance of the gender pay gap, proper implementation of mentorship programs and training, workplace without any discrimination, etc. In this context, it seems that the author is, to some extent, vague and not able to connect the content of the topic of gender discrimination and IPR. The author only explains provisions related to women and various laws for the protection of women in the workplace. WIPO is committed to promoting gender equality and diversity in the innovative and creative sectors, across the wider world of IP, and within our own organization.
In his paper, Compulsory Licensing of Patents and its Effects on the Economic Rights of a Patentee: A Critical Analysis,[2] the presenter/ author observed that a patent is a legal document that is granted for an invention. In India, the use of a patent is not absolute and under certain circumstances, third parties could be allowed to use a patent by granting a compulsory license. In India, the compulsory license is granted by the Central Govt., through an official gazette in case of national emergency, extreme urgency, or public non-commercial use. The author refers to the need for a compulsory license for the COVID-19 vaccine in India. Because it is a ray of hope for financially challenged patents and owing to the economic condition, the provisions for compulsory licensing to some extent dilute the rights of the patent holders.
In her paper on “A Critical Analysis of Patents in Special Reference to Geographic Indication of Indian Producers” [3] the author analysed that the minimum requirements of the public with respect to the patented invention are not at all satisfactory. She argues that patented invention is not easily accessible and available to the common mass at a reasonable price. Hence, she stressed the importance of establishing a link to make the people aware of the use of geographical indication, more study on the patented articles, and channelization of the local product into the mainstream business to the family or the society. She suggested that a thorough understanding process must be necessary to know the importance of intellectual property rights which helps in quick and easier identification, planning, execution, and protection of creativity.
In Safeguarding the Education System in India.[4]inquiries into the system of education in pandemic situations, the role of business ventures, and the protection of data as a basic right of a person in general. Apart from his paper, he makes some bold suggestions to some extent that the Government should mandate educational institutions to conduct an impact assessment on the privacy issue.
In his paper, Economic Activities vis-a-vis the Protection of the Environment under the Corporate Social Responsibility by Cement Companies Operating in the East Jayantia Hills District of Meghalaya[5] the author examines that East Jayantia Hills District of Meghalaya is richly endowed with natural and mineral resources and it has been identified as one of the world’s biodiversity hotspots.[6]He again asserts that if development is to flow to the citizens it should be people-centric, gender-neutral, participatory, and adopt a Bottom-up planning approach. The paper also suggests ways to enhance economic prosperity with the help of industrialization but without environmental degradation. The setting up of large number of cement factories causes significant pressure on the environment, depletion of resources, and adverse impact on human health, wildlife, and the ecosystem. Hence, he suggested that there is an urgent need for the companies to balance their economic activities vis-à-vis their accountability to society for the protection of our Mother Earth.
In Corporate Social Responsibility in Respect to Environment Protection,[7] the author analyses that corporate entities visibly contribute to the social good. Hence, socially responsible companies use CSR to integrate economic, environmental, and social objectives with the company’s operations and growth process. He also discussed the reasons behind CSR activities, its contributions to society, the role of the World Business Council for Sustainable Development in a row, its wings, principles and strategies, and the models of CSR in his paper.
The paper Intellectual Property Rights and Protection of Women in Innovation and Creativity in India[8] discusses contributions that have been taken by the women are natural innovators as they are creative, original, objective, responsible, and persistent which are important attitudes in response to the demand of the society. They try to highlight that women also actively participated in the field of intellectual property-related issues. They suggested that the gender difference should be taken as an advantage as women are able toperceiveanddothingsdifferentlythanmenwhereinliethepotentialcontribution to innovation and creation. WIPO is committed to promoting gender equality and diversity and every work can be done to systematically mainstream gender equality considerations, thereby paving the way for capacity.
In this paper, Status of a Contract Worker in the organized sector in India[9] the author examines the emergence of a contract worker, their role, and the labor force. This paper also provides suggestive measures to adopt a proper and clear New Labour Code to identify the status of contract labor for the economic prosperity of the country.
In the paper, Challenges of Copyright & Cyberspace[10] the author examines challenges under the rapid development of science and technology, using of software which led to great concern in intellectual property rights, especially in copyright. She discusses various issues related to the Digital Right Management System in a literal manner by citing case laws. This paper makes suggestions to harness the potential benefits that will accrue from the use of the internet. Hence, she wants stronger legislation to ensure the protection of the copyright in a specific manner.
Suggestion and Findings
With the rapid development of science and technology and changing times, something new has been introduced to the concept of the human property. It has provided new and newer dimensions in the modern world which has recently entered the age of science and technology leaving behind the age of industrialization. After the adoption of the New Industrial Economic Policy in 1991 in the Indian scenarios, the practice of IPR has deliberately changed. The growth of many forms of technology and innovation in this present century is the key to improvement in the production as well as the processing of knowledge. It has led to a new challenge to understand the relationship between the field of intellectual property rights, development, and the protection of the environment as well as to convert knowledge into wealth and social good through the process of innovation which will determine in the near future.
This new age of industrialization witnessed tremendous development and a great departure from the concept of traditional forms of property from our day-to-day lives. The concept of the survival of the fittest concept and the power to acquire property becomes immensely extended among the people. Hence, the notion of property becomes a hot cake accompanied by the rapid pace of industrialization and technological development. At this present juncture, the concept of property is a subject matter of ideas and innovation, inventions that have occupied the centre stage in our human endeavour.
In this context, the property now embraces our entire society within the ambit of material and immaterial, tangible and intangible, and fungible and non-fungible things. Moreover, the developments pave the way to bring about new concepts of property in the name of Intellectual Property Rights and trade-related Aspects of Intellectual Property Rights.[11]So, from the above analysis of all the papers presented by the presenters from across the country in this national seminar, some important suggestions and findings are sorted out.
Conclusion
In the context of the above-mentioned discussed issues, the collected research papers make an impactful endeavor to address different findings, connotations, and dimensions in the light of the present era which witnessed a tremendous development of intellectual property rights in the countryside. Moreover, research scholars across the country as well as contributors try to establish and peep into various problems of development and its barriers relating to the field of modern education, technologies, the country’s economy, socio-economic problems, trade commerce, and various issues. To encourage Intellectual Property Rights and innovations in the corporate sector in the contemporary world, the government of India has adopted many initiatives to protect the lives of the stakeholders in banking, corporate, art, and culture and also to create a favourable environment. Unfortunately, we are still not in good touch, and a hundred miles to go.
[1] Madhusree Banerjee, Department of Law, University of Calcutta (Hazra Campus).
[2] Rahul Neema Department of Law, PIMR (Indore).
[3] S P Vidyassri, Saveetha School of Law, SIMATS.
[4] Asif Iqbal, Centre for Juridical Studies, Dibrugarh University.
[5] Edmund Syad, Department of Law, NEHU, Shillong (Meghalaya).
[6] Charles Reuben Lyngdoh and Merostar Rani, “Introduction” in Charles Reuben Lyngdoh and Merostar Rani (eds.), Look East Policy: Impact on Northeast India (Akansha Publishing House, New Delhi, 2008.
[7] ShudhanshuSekhar, Chanakya National University.
[8] Karavi Barman, P.G. Department of Law, Gauhati University &Kasturi Bora, NEF Law College, Guwahati (Assam).
[9] Shankar Pandey NorthEasternHillUniversity, Shillong (Meghalaya).
[10] Smarita Mohanty, Madhusudan Law University, Cuttack, Odisha.
[11] J.P. Mishra, An Introduction to Intellectual Property Rights (Second Edition, Central Law Publication, Allahabad, 2009) 38-39.