Overview of Intellectual Property Rights

Trademark : A trademark is a recognizable insignia, phrase or other symbol that denotes a specific product or service and legally differentiates it from all other products. It also serves to exclusively identify a product or service with a specific company, and is a recognition of that company 's ownership of the brand. Trademarked products are generally considered a form of property. Most countries have agencies through which businesses can have their products trademarked. One of the main purposes of having a product trademarked is to protect the product from being used without permission of the source company. Most countries have patent laws which are designed to protect against copyright infringement. International copyright regulation is much more complicated, as there exists no universally recognized patent office.

Intellectual property laws help protect users works that they have created from being copied by others. There are different types of laws to protect in different way such as copyright laws to will protect ones work from being copied or others from profiting from it. We also have trademarks used for branding items such as brand names or logos and receive different levels of protection depending on where, how known the brand is, and what type of product or service it represents. Other types of laws that cover intellectual property are patent laws that cover products to be made and that are currently being made; Apple holds the patent for an iPhone so no one can go and make iPhones and sell them other than Apple.

Intellectual property represents ideas created by minds of humans that require certain rights for their use. Intellectual property gives companies a competitive advantage and attracts the attention of other business partners and investors (Lee, 2016). With such importance, it is necessary for the law to protect these ideas from being used by unauthorized individuals. To shield from this, trade secrets, patents, and copyrights are used to protect the ownership of intellectual property (Legal Information Institute).

One of the most controversial provisions of the World Trade Organization’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) patent regime is the compulsory product patent protection for pharmaceutical inventions. In order to comply with the TRIPS obligation, India introduced product patent protection from 1 January 2005. In doing so, India in a way reinstated the patent regime, which is believed to favour the pharmaceutical Multinational Corporations (MNCs). While carrying out the amendment, Indian policy makers were confronted with two major concerns, viz. the future of the Indian pharmaceutical industry and access to affordable medicines within the country and other developing countries. Thus the “major concern was how the adoption of intellectual property regimes would affect their efforts to improve public health, and economic and technological development more generally, particularly if the effect of introducing patent protection was to increase the price and decrease the choice of sources of pharmaceuticals”.

Intellectual property are the legal rights (control and ownership) of creations, such as ideas; inventions; designs, etc. for the use in commerce (Bainbridge, 2012). Intellectual law in countries seeks to deter individuals or organizations from copying or capitalizing upon another’s work. The main areas protected by protect intellectual property law include: patent, copyright, trademark, and trade secret. Intellectual Property can be categorized under the following:

Intellectual property right gives credit to the original work done by the people .The law the creative work of the people from coping or imitating without their permission. There are three main things that protect the intellectual right .They are copyrights, patents and trademarks.

Intellectual property is an exclusive set of rights given to the owner. These rights are given over intangible assets, “An asset that is not physical in nature. Corporate intellectual property (items such as patents, trademarks, copyrights, business methodologies), goodwill and brand recognition are all common intangible assets in today's marketplace” (investopedia.com, intangible asset, 2014) A patent is the inventors bread and butter of the intellectual property world.

Digital intellectual property is the creative, intelligence, and artistic work produced by the creator whose value comes from the ideas, research, skills, and labor he/she put in. Intellectual properties are protected by the copyrights and patent law. Writing code and designing systems can be considered as intellectual property, and they are protected by the copyrights and patent law. However, in the computer software industry, there are some cases where the line between something original or simply copyright infringement is blurred out and the case between Oracle and Google for using JAVA APIs interface in Android is a good example. Google copied code from JAVA, used in their Android mobile platform, and Oracle own JAVA, sued Google for copyrights infringement.

Intellectual property rights are the rights given to persons over the creations of their minds. These rights make the creator/ inventor as the owner of the product/work. IP protection is intended to stimulate the creativity of the human mind for the benefit of all by ensuring that the advantages derived from exploiting a creation benefit the creator. This will encourage creative activity and allow investors in research and development a fair return on their investment. The World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) which came into force in 1995, brought with it a new era in the multilateral protection and enforcement of IP rights. It lays down minimum standards for protection and enforcement of intellectual property rights in member countries which are required to promote effective and adequate protection of intellectual property rights with a view to reducing distortions and impediments to international trade. As per the agreement, all member countries including India are to abide by the mutually negotiated norms and standards within the stipulated timeframe. Accordingly, India has set up an Intellectual Property Right (IPR) regime and is well established at all levels whether statutory, administrative or judicial. In this context this paper focussed on the conceptual analysis of Intellectual Property Rights in the

Intellectual property defines a wide range of the property created by investors, artistes, authors, and musicians. The law governing intellectual property naturally includes the copyrights, trademarks, and patents law. Its main intention is to motivate the development of art, sciences, and information giving defined rights of property to all the artistes, who include inventors of science and art. These rights assist artists to safeguard themselves from violation, unauthorized misuse, and use of their creations. Service marks and trademarks safeguard distinguishing characteristics (such as a package and name design) that are linked with certain products and services that display commercial source (Blakley, Johanna 2010).

“Carratu International estimates that the global counterfeit market, which already accounts for 9% of world trade, will double in size over the next

The purpose of the following essay is to discuss inttelectual property rights and its relation to software, I will then futher discuss the patentabillity of software.

One weakness of copyright law is that even though it prevents someone from copying the expression of an idea such as a program or screen images, it does not prohibit from writing code that uses the same idea. In contrast, patent laws protect ideas such as algorithms, functions, systems or techniques incorporated in the software but not the source code itself. Although it is fair to protect inventors from software piracy and infringement, existing software patent and copyrights laws already brought ultimate crises in software industries and societies.

The concept of intellectual property, copyrights, and patents has been around for many years. The ancient Greeks had already started to attribute authorship of works to individuals. The purpose is to encourage people to make new inventions by rewarding them with the exclusive right to "own" their ideas. Laws have been made to prohibit people from taking other people's ideas unlawfully (i.e., stealing) and in general, these laws have been successful in preventing the crime before it is done, and punishing the criminals after it is done. However, in recent years, the new phenomena of the Internet and digital technology will change both the concept of intellectual

There are violations of pirated copies of windows that are been selling in China. There was