Intellectual
Property Rights are national rights subject to territorial legislation and
jurisdiction. For instance, regardless of whether a patent or a mechanical plan
has been conceded through the World Intellectual Property Organization's (WIPO)
worldwide techniques (for example the Patent Cooperation Treaty [PCT] framework
for allowing worldwide licenses through a solitary application method; and the
Hague System for the enlistment of modern plans universally through a solitary
enrollment strategy), the subsequent IP rights, once without a doubt, will
become national titles in every one of the nations assigned by the candidate.
However, IPR increasingly have international
dimensions in the following ways:
•
First, several international and regional bodies deal exclusively with
Intellectual Property matters (e.g. WIPO for the development of Intellectual
Property protection, and the international granting and registration of
different IPR; or the European Patent Office [EPO] for the granting of European
patents through a centralized procedure.
•
Second, IPR are also the subject of an important number of international and
regional agreements, such as the Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS Agreement), the Berne Convention for the
protection of author’s rights and the European Patent Convention for the
granting of European patents, amongst others
•
Third, regional unions, such as the Andean Community, bilateral/trilateral free
trade agreements like the North American Free Trade Agreement (NAFTA) or
international investment agreements also contain provisions concerning
Intellectual Property.
A
country’s innovations play a major role in determining its economic health. The
economy of a country that can capture or appropriate the economic benefits from
a wide variety of innovations is considered a healthy one – one which proves as
a source of inspiration and competition to other economies. Governments
encourage inventions and help inventors by providing Intellectual Property
Rights so that they can continue innovating, thereby contributing to the development
and economic growth. Science and technology especially is a field, in which
inventors can get great backing from the government. Inventors stand to benefit
from knowing the importance of Intellectual Property Rights in Science and
Technology.
IPR in Science and
Technology and Benefits of Temporary Monopoly
•
Anyone who invents or creates something gets the exclusive right to benefit
from their invention. For instance, a musician or an author can seek Copyrights
for their creations, stopping others from using their musical notes or books
for monetary benefits.
• In the field of Science and Technology, inventors can get a temporary monopoly to use their innovations. This temporary monopoly allows the inventor to seek monetary benefits from their invention for a specific period while preventing the rapid duplication or imitation that could potentially cut into an inventor’s profits or returns and also decrease their incentive to invent or even improvise upon their inventions.
Why are temporary IPRs
granted for science and technology inventions?
•
As discussed earlier, economies flourish when inventions are constantly
improved, but it is not always necessary that the original inventor can provide
the improvisation to the original invention.
•
When a permanent IPR is granted (and imitation is restricted), there is a
threat that prevents the further development or improvement of the innovation –
especially when the invention can make a huge difference to the economy. It can
also raise the costs of newer technologies and restrict its availability, which
limits further progress and prevents others from creating innovations and
improvements, building upon the original invention cumulatively.
This
is especially true if new technologies can enhance productivity, especially
when used in economic activities. Further economic progress is restricted if
the original invention is permanently protected. This restriction may prove to
be a hindrance to the development of an economy.
The conflict at the heart of IPRs in the field
of science and technology
•
In case of Intellectual Property and Technology, IPRs fundamentally exemplify
what is known as a ‘policy conflict’ between the intentions of providing
incentives to innovate technologically and the intention to encourage the rapid
circulation of new technology and accumulating technological know-how. The
competing aims also represented competing economic interests from both,
Research and Development (R&D) intensive and non-intensive firms on one
level and developed and developing countries on another level. As such, each
government attempts to create a balance between the objectives that are
competing and are deemed appropriate for national, social and political
contexts and providing innovators with the rightful dues or benefits for their
inventions.
• The importance of Intellectual Property Rights in Science and Technology is more nuanced when compared to other inventions, which is why governments only grant a temporary monopoly to inventors. This allows the original inventor to gain certain exclusive benefits for a specific period, while uninterrupted innovation can continue on the general level.
—Nivethi Natarajan
