THE IMPORTANCE OF INTELLECTUAL PROPERTY RIGHTS FOR ENGINEERS
ABSTRACT
Intellectual Property Rights (IPR) which was introduced in 1624 didn’t have much importance in day-to-day life then. It was only in the 18th century when the idea of protecting the intellectual property globally floated among the legislative bodies. However, it wasn’t until the 20th century that it became a commonplace in the legal systems. The very essence and concept of IPR which has many complexities that individually constitute distinctive rights, has evolved over a period of time. With the ever-growing technology, many new inventions have taken place. Here arises the need to protect these rights. Be it a scientist, engineer, or any creator, if they come up with a new invention or creation, it is of utmost importance to protect those creations in any form possible so that the society doesn’t suffer and the technological progress doesn’t get hampered. In this paper, we shall be discussing about the various IPRs such as copyrights, trademarks, and patents which are necessary for engineers. IPR is a subject which is only confined to law colleges. It is not taught in engineering colleges due to which our engineers lack the concept and understanding of these rights. We shall be covering why is it needed that all engineers should be aware of the basic rights of being an engineer, how is it so important like other engineering subjects that it should be made a compulsory course and what are the laws which can protect their rights in case there’s a violation of their property rights.
Keywords:- Intellectual Property Rights, patents, copyright, trademarks, violation
1. INTODUCTION
Why is it called Intellectual Property Rights? Intellectual which stands for all the intellectuals of the society, Property because just like our physical properties are an asset and it can be sold, similarly, the creations of the mind or ideas have immense power to be commercialized, Rights to ensure justice to the creators in case of any violations or infringement. The creator will have extreme supremacy over its creation.
“Intellectual property is the oil of the 21st century.”- by Mark Getty. IPR grants every creator, inventor, and developer the right of ownership of their development(copyrights), the invention(patents), and trademarks and safeguards their own works. In this highly competitive world where unauthorized copying takes place faster than the speed of light, these rights need to be preserved legally. These rights don’t protect the ideas or creations of minds until unless it is embodied in any object. Rights related to scientific works or discoveries, inventions in all fields of human behavior, industrial designs and trademarks or service marks, commercial names and designations, and protections against unfair competitions all come under intellectual property rights.
Looking from an engineer’s perspective who are on the frontline of innovations, should be most aware of these rights. Every day the world sees a new development or creation or invention by them. So in that scenario, engineers are the ones who are at high risk of losing their creation. Just like all the engineers study coding, economics, and business communication, this subject should also be included in their curriculum so that they learn what are their basic rights that the Constitution of India permits them apart from the fundamental rights.
2. LAWS FOR ENGINEERS
Apart from the 13 civil rights, every engineer should learn what extra privileges the Government of India provides them for the protection of their new inventions and developments. An engineer holds copyrights for new inventions or creations, patents for new discovery as well as innovations and trademarks rights for new design. They can claim their rights whenever there’s a violation or infringement. Here are the rights/laws for engineers which they should be aware of :
2.1 THE COPYRIGHT ACT, 1957-
It is a right that protects the original expression of ideas, the ways the work is done, the language used, etc. It is one of the oldest existing acts that was amended quite a few times to align with the new trade and commerce. Section 17 of this Act statutorily recognizes the author of the work to be the first owner of the copyright ( Here author refers to the person who has developed a creative or original work). The work doesn’t have to be qualitative but has to be uniquely creative and original with very less similarities with any other work. This right not only yields authorship to the author but also states that his/her work can not be amended without the author’s prior permission and if any such act has taken place, then it can be brought into the court by the author.
Computer programming was added in the Act in the year 1984 as the digital industries have a vital role in copyright. This act gave recognition and protection to computer programming. However, computer programs can not run without inbuilt programs and that can not be transacted for free with the computers. Later, in the amendment of the Act in the year 1999, it allowed the selling of computers and other similar equipment with the inbuilt programs for free and also ensured the growth of the internet.
2.2 PATENTS ACT,1970-
When one develops an invention, then under this Act, the inventor has exclusive rights to make use or sell the invention. The invention can be a new process, the composition of matter, the machine, and manufacture( which should involve inventive steps) and has industrial application and should not fall under the non-patentable inventions. It protects the inventor from commercial exploitation of the invention for a limited period of time. However, in return, the inventor has to make a disclosure of the invention and what are the best methods to practice the invention after the expiration of the period as then it goes into the public domain.
Earlier, the invention of a microorganism was not granted any patent rights. Soon after several amendments, in 2005, the product patent was extended to all fields of technology like micro-organisms, food, chemicals, and drugs.
2.3 TRADEMARK ACT,1999-
It is a law that protects graphical representation of words or logos that are distinctive in nature and can be served as a source of identification. A valid representation gives the mark owner an exclusive right. One needs to register and publish these marks. But one can still enjoy the protection without registering their mark as long as the good associated with it is sold in the market. However, the registered marks need timely renewal.
If in case the unauthorized use of trademark takes place by any well-known trademark of India and the interests of the owner gets infringed, then infringement actions can be taken against the same. The infringement in this Act has broadened its meaning by including the unauthorized or confusingly similar marks for the goods and services that are similar in nature and creates a chance of confusion.
2.4 THE SEMICONDUCTOR INTEGRATED CIRCUITS LAYOUT DESIGN ACT, 2000-
It was necessary to cover integrated circuits(IC) under IPR and continue Research and Development in the field of microelectronics. But due to restrictions by definitions and purpose not being sufficient enough, the copyright and patent were unable to cover this type of complex rights. Soon later, the necessity to provide protection for Layout Designs of Integrated Circuits was felt and this act came into force.
3. RELATED CASE STUDIES
3.1 D.C. COMICS V. TOWLE -
DC Comics(DC) is that the publisher and copyright owner of comic books featuring the story of Batman( a cartoon also a comic character). Batmobile is a fictional, high-tech automobile which was originally introduced in the comic book. Batmobile that has varied appearances, was primarily used by Batman as a mode of transportation. Mark Towle, the Defendant, as part of his business, manufactures and sells replicas of automobiles and kits that allow customers to modify their cars. He produced replicas of Batmobile that were featured in the 1966 television show and 1989 Motion Pictures to avid car collectors who knew the entire history of Batmobile. Due to the copyright infringement, trademark infringement, and unfair competition arising from Towle’s manufacture and sale of Batmobile replicas, DC filed an action alleging Towle of the same in the district court. The main question here was that whether Batmobile was entitled to copyright or not. Copyright protection Act extends not only to original works but also to sufficiently distinctive elements like comic book characters contained within the work which has physical as well as conceptual qualities. The U.S. Court of Appeals developed a three-part test for determining the protection of a character. DC had reserved all merchandising rights when it granted a license for the creation of Batman television series and film which were the derivative work of the original Batman comic, so, it satisfied the three-part test. Hence it was found that Towle’s replicas infringed upon DC’s right.
3.2 YAHOO! INC. VS. AKASH ARORA &ANR -
This case is the first-ever case of cybersquatting in India. Cybersquatting means the registration or trafficking in or use of a website name that’s either identical or confusingly almost like a particular trademark or is confusingly almost alike or dilutive of a famous trademark. This case is brought out by the plaintiff which is a global internet media who is the owner of the trademark Yahoo! and the domain name Yahoo.com. It is very well known and has been rendering services under its domain name. While the application of the plaintiff for registration for the registration of the trademark was pending in India, the defendant Akash Arora started providing similar services under the name Yahoo India. The plaintiff alleged for passing off the services and goods of the defendants as that of the plaintiff by using a name which is identical to or distinctively similar to the plaintiff’s trademark Yahoo and demanded a permanent injunction to prevent the defendant from continuing to use the name. The law relating to passing off is well settled and clear as the principle behind is that no man can carry a business in a way that can lead to believing that he’s carrying on the business of another man or has some reference to another man for the business. So the plaintiff was entitled to be relieved. The court also said that the domain name serves the same function as that of a trademark and hence is entitled to the same protection. The defendant used a disclaimer to which the court said that this would not eliminate the problem because of the nature of internet use, the users might not be sophisticated enough to understand the slight difference in the domain names to distinguish them. The court came to the conclusion that Yahoo Inc had a good reputation and that the name adopted by the defendants was deceptive and misleading causing damage to the reputation of the plaintiff and undue gain for the defendants.
3.2 DIAMOND V. CHAKRABARTY -
This case from the U.S. considered the patentability of a living micro-organism which had a great impact on biotechnology. A microbiologist, Ananda Chakrabarty, filed a patent claiming for a human-made, genetically engineered bacterium that was capable of breaking crude oil into multiple components. But a patent examiner rejected the same as it was outside the scope of the subject matter. Also, the Patent Office of Appeals affirmed and ruled that living things are not patentable subject matters. Whereas the Court of Customs and Patent Appeals reversed this decision stating the fact that micro-organisms are alive is insignificant for the purpose of patent law. The Commissioner of Patents, Diamond, petitioned the U.S. Supreme Court against the decision of the Court of Appeals. He raised arguments that the court should show restraint before expanding protection into new, unforeseen areas and the Congress implicitly understood that living organisms were not within the scope. However, the court held that a live, human-made micro-organism may be a patentable material constituting manufacture or composition of matter and was a product of human ingenuity having a distinctive name, character, and use. Moreover, it rejected the appellant’s argument stating that there was no evidence of Congress’ intention to exclude living organisms from being patented and also pointing out that genetic technology not foreseen by Congress doesn’t make it a non-patentable unless explicitly provided. Hence the respondent’s invention was embraced by the court.
4. IPR’s RELEVANCE IN ENGINEERING COURSES
IPR as a subject has a lot of significance in an engineer’s life. A lot of innovations happen in engineering institutions and in the corporate world which needs to be protected, for which knowledge of IPR is quite essential. It not only protects valuable ideas and thus creates intellectual properties but also helps in licensing the creation and helps in development for the larger interest of the society.
Most of the engineers are unaware of these rights. Even if they have an idea, they are not conceptually clear about what these rights mean. They have no idea what can be an infringement, how to protect it, if they have the right of ownership to their own creation, how long will they own their creation, what are the rights which empower them, in which cases it can be applied and in what all cases they can claim for a violation of their rights. This course is introduced in the engineering colleges, then it will be for the greater good. Just like all engineers are masters in their own subjects, have a bit of knowledge in economics, business communication, environmental science, management skills, teamwork, etc. similarly this course should also be introduced in their undergrad levels. Being a tech geek with some knowledge and awareness of the legal system can immensely help them in the corporate sector or industries involving policy-level decisions too.
Knowledge of IPR opens the door to many opportunities as well. It has a special value for qualified engineers in the area of technical consultancy where we can sell our technical and IPR knowledge and earn money. It enables to find out rare technology knowledge hidden in patents which can give a boost to their career and earn prospects. It also provides opportunities for entrepreneurship and easy access to venture capital and funding. It unfolds the path to highly paid and niche careers like patent agents, patent analysts, technology transfer professionals, licensing specialists, etc.
5. CONCLUSION
So far we discussed IPR, laws related to engineers, case studies relating to the laws, and what are the demerits if engineers are unaware and how IPR can overcome them. It helps in adding monetary values to our value and convert ideas into wealth. But in the absence of this knowledge, someone else will take the credits or it remains confined only to published papers. Just in the case studies, we saw that hadn’t there be a trademark law, Yahoo! Inc would have to face a fairly unhealthy competition from Akash Arora who would be using a similar mark as that of Yahoo. Similarly, in the D.C. Comics case, the manufacture was selling the ideas and creations of another person which was a copyrightable act. Had none of them were aware of these rights, they would have never been able to claim them. Therefore, these rights motivate people to create and innovate. Thus, every engineer should be aware of these rights.