OU IPR FORUM
Fostering IP Culture

September 13, 2022

Role of youth in innovating for a better future through IP

author image` Zuhaa Mujahid

Susan Sontag, an American writer, once said: “Intelligence is really a kind of taste; taste in ideas.” It implies the obvious fact that the root of innovative ideas is the intellect. Intelligence is the uniqueness of the human being. It is a wonder that brings about abstract ideas; scores of them!

What is intellectual property? In emphasis, it can be defined as a creation of the human intellect. To avoid theft of content, it is protected with patents, copyrights, trademarks and trade secrets. Intellectual property, as the name suggests, originates from the human psyche, be it artistic works, scholarly endeavours, commercial names, facsimiles, logos, business statements or as simple as company policies that one desires to protect.

Our youth of today undoubtedly plays an indispensable role in contributing to the future along with creating better present conditions. Young minds are extremely active and beaming. They can yield ideas and notions far more intuitive and riveting than at any other age. Accordingly, they are expected to produce meticulous intellectual properties, fresh and new. As we know it is only the young eccentric age when humans are the most curious and always probing. They aim to discover, travel and explore new horizons.  Also, it is relatively easier nowadays to speak up especially due to platforms such as social media and the internet. It is effortless to become an influencer which would be quite useful particularly when one wants to make a change on a large scale.

For instance, [1]Kazumi Muraki is a young scientist, inventor and director of the Carbon Recovering Research Agency (CRRA), Japan. He is the inventor of the world’s smallest CO2 capturing machine-‘Hiyassy’. A carbon-capturing machine, looking at the self explanatory name, suggests a good possibility of combating rising carbon dioxide levels in our atmosphere and global warming in turn as well. Ana Carolina of Colombia is another young entrepreneur who has introduced ‘biodegradable detergents’ targeting to enhance water quality.  Another bright idea capable of battling the explosive plastic pollution of today is ‘Bioplastic’ introduced by another young woman entrepreneur Neeam Al Harrasi of Oman. Thus, it can be observed how archaic and original schemes young minds can beget. This coupled with problem solving skills and new world issues can give rise to groundbreaking discoveries of new ideas and solutions for a better future.

Futuristic solutions reflecting creativity can ensue from young and modern entrepreneurs, creators and artists. Accordingly, it helps in contributing to the progress of societies around the globe.

New inventions suiting the needs of the modern, rapidly-changing industry are protected by patents. Foodstuffs, drinks or a unique creation belonging to a certain place will be protected by Geographical Indications (GIs). Brands like Gucci, Versace, and Dior with their logos and names are protected by trademarks, because of which they rank the highest in the world’s best designer brands. The designs they create, on the other hand, will be registered. Competitive and new stories written by authors are protected by imposing copyrights to protect their integrity.

First, let us evaluate the benefits of intellectual property and what its rights (IPR) can dispense for one, in connection to how young people can innovate using them. In essence, IPs contribute enormously to the betterment of the state and national economies. For instance, they facilitate the establishment of top companies and businesses. The imposing of patents, copyrights, trademarks, etc on any valuable inventions or ideas would in a way ‘lock’ and protect it confining it only to the party in consideration. Who would ever doubt the fact that McDonald’s is indeed at the zenith of multinational fast food corporations of the world? Or why is the ‘BMW’ automotive company valued at about a whopping $40 billion despite having various competitors? Why does everyone order Pizza Hut or Dominos despite having other pizza takeaways? Undeniably, these companies, with their unique logos, slogans and company names, armed with strong copyrights rule the industry thanks to IPRs.

An IP equipped with IPRs not only does the job of protecting the idea but also protects the company or organization. To illustrate, a person working in an organization has designed its logo. Thus, he has certain rights on its trademark that allow him to acquire commercial benefits from his particular efforts. As these advantages are only exclusive to him and his company; other companies would have to come up with newer ideas which do not resemble something that already exists.

We are facing major global challenges near the future and to tackle them is in the hands of today’s young people, who are the adults of tomorrow. Today, young people have an even better chance of voicing their opinion thanks to technology and the internet being ubiquitous. Global issues, both social and environmental are getting more serious and are posing threats to the wellbeing of future generations. Health issues such as cancer, obesity, diabetes, substance abuse, mental health and heart diseases now account for 70% of all deaths worldwide[2]. The evils of world economic crises especially in the face of wars, corruption, violence, human trafficking, discrimination and lack of education are only a few mentioned. IP can prove to be the only saviour in the face of these problems. People have opportunities to come up with more challenging solutions with the guarantee of protecting those using IPRs so that more solutions are produced as a benefit to society.

On the other hand, ecological troubles cannot be ignored. The evils of global warming spread their curse everywhere. Rising sea levels, melting snowcaps and consequently, loss of habitat is escalating at alarming levels. Climate change has taken such a toll on the environment that scientists fear that Between 2030 and 2050, climate change is expected to cause approximately 250 000 additional deaths per year, from malnutrition, malaria, diarrhoea and heat stress.[3] In fact, on Earth Day 2022, the Google doodle showed real- time lapse imagery depicting the plight of climate change around the planet during the last 20 years till today.

Nowadays, we can see how better standards of education help people to understand problems well. For example, newer companies with fresh young faces are coming up with ideas such as ‘cruelty-free materials’ as substitutes for everyday items that may use leather and other animal-derived clothing. Generally, non biodegradable plastic is switched to more eco-friendly substitutes such as biopolymers, cellulose-based or other plant-based resources. Recyclable materials are now even more in demand due to a better business response. There is an ever-increasing need for supplies for the ever-growing population. One can come up with a distinctive idea or a formula for an environmental solution and license it with an IPR. This way, the particular idea is now taken and people would have to think of something even better and more competitive. As a result, one recognizes his talent and creativity.

Moreover, IP is not only confined to addressing world issues. The entertainment industry is another booming sector where everything works in the hands of artists. In digital content, music is the most frequently accessed of them. Movies and series, games, sports, educational content and e-newspapers and magazines follow it. Films and music always have copyrights and it is not quite easy nowadays to produce new content especially when one realizes that all ideas are taken and he has to work even harder to make better content.

Nevertheless, newer ideas are introduced by the youth which may not have worked previously due to lack of technology. Advanced features such as watching movies online, buying a subscription on an entertainment website for extra benefits, or buying a monthly membership. Simultaneously, there is a wider range of choices to choose from as movies and series are now available OTT (over the top). The introduction of OTT allows new writers to showcase stories original and relevant to the present times. In the financial year 2018, the OTT market share in India was worth ₹2,150 crores (₹21.5 billion, US$303 million as of 2018), and its value grew to ₹35 billion in 2019[4]. Thus, the availability of more choices gives a chance to more artists to present their talent and creativity beating monotony as movies were only limited to the theatres previously.

NOTE: OTT stands for ‘Over The Top’. It refers to digital content streamed by any service over the internet such as movies and series.

Worldwide, the United States Cinema or Hollywood is the largest film industry and the most profitable. Hence, IPRs on the movies safeguard the innovations of making films and protect the creators and actors. Young people can come up with ideas of their own, applicable to the youth without the fear of getting robbed of their ideas because of IPRs.

A recent joint survey was taken by the IPOPHL-WIPO (Intellectual Property Office of the Philippines- World Intellectual Property Organization). The survey reported that the youngest age group supported pirated digital content. These are the illegally reproduced movies, books or music. Some young respondents mentioned the ease of accessing free content as compared to buying from official stores. [5]“Given these findings, the work to create an IP-conscious and respectful generation must be at the top of our country’s agenda. We need to take active measures to help them understand the importance of IP as young as they are,” IPOPHL Director-General Rowel S. Barba said.

The food market is undoubtedly one of the leading markets. However, the prevalence of food shortages and failed crops is on a steady rise. More food security problems are prevalent because of climate change. There is an increased need for genetically modified crops with greater resistance to the rapidly changing climate. New varieties can be introduced using the latest technologies not just limited to the conventional technique of growing in soil. Aeroponics and hydroponics are the most recent innovations. Good use of these and other techniques can prove to be vital.

First, it is reasonably crucial to know about IP. The subject of IP could be introduced in schools and educational institutions so that every child knows that IP is present everywhere. The books we read, the music we listen to, and the movies and series that we watch all are the products of someone’s mind. Also, IPRs do the job of protecting them from plagiarism. It is important to realize that IPs should be respected because they come with economic benefits and may support the livelihood of many people. Cleverer, more creative ideas will be introduced in the future as solutions for problems. Thus, IPRs would be necessary to guard them.

To sum up, today’s young people can do wonders, armed with their resilience, intellect, newer ideas and competitive technology. Intellectual property and its rights can prove to be extremely helpful in several ways. One can come up with more innovative inventions, be it in industry, in literature or as simple as names and images. It would not be more reassuring than to know that their created works will be protected by patents, copyrights and trademarks, on a legal scale.

Keeping these in mind, a young individual has all the right ingredients to write their own story. Using IP and its rights in the right way, one can paint the town red while enjoying every benefit it comes with!

 

[1] https://www.wipo.int

[2] https://www.sgu.edu/blog/medical/what-is-global-health

[3] https://www.who.int/news-room/fact-sheets/detail/climate-change-and-health

[4] https://timesofindia.indiatimes.com/

[5] https://mb.com.ph/2022/04/22/youth-most-vulnerable-to-pirated-digital-content-survey/


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September 13, 2022

IP and Youth: Innovating for a Better Future

author image` Durgha MS

Intellectual Property, according to the World Intellectual Property Organization(WIPO), is any creation of the mind which includes all kinds of inventions, designs, art, literary works, images, symbols etc, used in the commercial field.[1] These are in no way different than any physical asset as the person can claim all possessory and ownership rights over their intellectual property and protect them from being ripped off of their original work, without their consent. These rights are recognised by law and the intellectual property is protected through patents, copyrights, trademarks, industrial designs, geographical indications, trade secrets etc. The concept of IP, in its contemporary context, originated in 17th and 18th century England. Even though the term Intellectual Property got popular in the 19th century, it developed in the legal aspects only in the late 20th century.[2]

 

Innovations have always been the key to growth in a society, be it scientific, artistic or commercial. Millions of ideas take birth every day and the right people must get credit for their creations. In a world where even the identity of a person is not safe from being stolen, it is important to protect people from being exploited. This will guarantee an outflow of entrepreneurs, creators, inventors, and young minds that have the potential to bring out a change in this world. The world prospers on the passion of the youth and it is time for them to hold the baton for building the future. Their priceless possession is their young minds that are practical and that dare to ask the right questions. That is exactly the reason why this year's theme for World Intellectual Property Day is IP and Youth: Innovating for a Better Future.[3] Making the youth capable of handling challenges and making them mindful of the platforms available to them is what this initiative aims to impart through this theme.

 

The world economy keeps growing and flourishing because of the constant input made in it every day in the forms of inventions, investments, ideas etc. This year's theme for the world IP day focuses on the participation of youth in this process as they are the future and their ideas are foresighted.  The creation of IP can happen in the mind of even a child as their minds come up with the most unique ideas and creations. A science fair or an art exhibition could be the ground where a game-changing idea is introduced. These prodigies should be given the right nurturing because they grow up to be a generation of talented people, envisioning a transformation. They can not only change the world but also make it their source of income, start their own business, create job opportunities and see the world applaud their skills. WIPO has already initiated a noble quest to encourage young innovators across the world to come forth and show their skills in creating wonders.[4] This guarantees the participation of the target population. This not only facilitates economic and social development but also curbs the challenges we face as a society. Innovations are supposed to cater to the needs of the current society and factors like climate crisis, economic changes, conflicts between nations, human rights etc should be taken into account. It is necessary to identify the problems that hinder the process of development, to build a promising future.  But the news about young people coming forward with suggestions and arguments is the biggest proof that there's intention and ambition to make a better world.

 

IP and innovation are not just concerned with young people cultivating solutions. It is also about supporting them to make it happen. This is where the importance of digital IP awareness comes in. The one thing that makes IP different from physical property or assets and intellectual property is that IP is impalpable. This property makes it even more susceptible to being exploited because it can be consumed limitlessly, without the consumers bothering about its origin or credibility. This enables anyone to reproduce original ideas and misappropriate them. IP protection laws are technically a fortress that shields creators.[5] This is where the role of young people takes its form, in the light of the digital era we live in, as young people have a huge online presence. The progress in digital facilities has made publishing and circulating content easy. It is thus the call of the time to ensure participation of the Gen Z and millennial population in understanding IP and promoting it because they are the creators and consumers of a  majority of data we share online.

 

A survey was conducted by the European Union Intellectual Property Office(EUIPO) on young Europeans aged between 18 and 24 to study their approach to consuming illegal sources of digital content and counterfeit products. The survey showed that movies and series are most likely to be consumed illegally(85% of the surveyed people). This is a significant detail as piracy is the most common form of IP rights violation that happens every day. Films and series get leaked without the creator's knowledge and the pirated versions get streamed on illegal platforms. This is what the said 85% of youth consumes. It is thus vital to make young people understand such IP violations, and how their seemingly harmless actions could harm creators and innovators by hindering the smooth circulation of their original content. 

Another interesting thing the survey told us is that, despite some of the young people having knowledge of IP, they do not adopt this knowledge into practice. According to them, using illegal sources to stream or download movies and series has become a habitual practice that they do not even deem to be illegal behaviour.[6] The reason this happens is because of a lack of awareness about IP rights and laws. Providing possibilities to research and learn about IP, this attitude could change. Improving punishments and legal dimensions is not the best option. Ensuring moral correction of these young minds will depend on how successfully we convey the message to them. The emergence of young online content creators, YouTubers and influencers has helped in this process as it has become a way of earning and this made the young community more conscious of copyright violations and piracy.

 

A major discussion surrounding IP is the emergence of youth in the most sought-after field of entrepreneurship. Even though young people have made their mark in this area, the flourishing of innovation is not solely dependent on the skills and vigour of these creators and innovators. To keep any business running, they need to have the mastery of managerial skills to make a profit from what they do. They need to be able to market their ideas with the right mechanisms and create their niche. In a world run on digital marketing, a majority of businesses, especially the ones dealing with technological advances, IP is undoubtedly the most priced asset.[7]

Hence, IP rights and youth will be the most spirited duo when the ingenuity of young minds is blended with the knowledge of IP rights and laws.  This will ensure a balance between the protection of private rights while using it most effectively for the greater public good. Young people will grow to be confident, and they'll share their wisdom with their peers, thus prompting them to make morally right decisions. Keeping this in mind, it is equally important to make sure they know how to protect their intellectual property from being illegally used by big corporations. There have been various incidents where local small business owners, young designers and creators were robbed of their creations without being given credits or seeking their permission. These corporations will easily escape any legal repercussions as it is simple enough to dishearten small business owners. It is important to equip the youth with the right tools and knowledge to stand up for themselves.

 

IP awareness can also produce career opportunities for young aspiring lawyers as all creators need legal aid in standing their ground when a crisis arises. The importance of this particular branch will be retained for a long time, and there are no signs of change in the foreseeable future. Being an IP lawyer is an excellent career option for young people. With the world accelerating into a globalised economy where competition exists in every sphere, even in claiming credibility on a subject, there should inevitably be more brilliant and young minds with immense knowledge about IP. This makes it a perfect option for young lawyers with a desire to try new and innovative fields and expand their areas of expertise. The most promising opportunities in this sphere are provided by technology firms because Intellectual Property and Technology Law is one of the core parts of a business. It handles a spectrum of legal areas like the protection of technology, brands, trademarks, products etc. of a firm. Being a field that has seen accelerated growth in recent years, it guarantees consistent growth for aspiring lawyers. The reason behind such growth is the need for legal advisors in handling their business. We can state without any hesitation that IP and Technology Law is a combination that has wide scope in providing career opportunities to young lawyers. In addition to this, even students, in general, need to have a basic understanding of how IP rights and IP laws work to completely erase ambiguities. Students write articles, publish research papers and do official submissions constantly and they need to be aware of how their work can be protected.

 

In the Indian scenario, our promising young population is what makes our country a strong ally in IP development. India stands second in population with 1.3 billion people, but it comprises a big part of the total young population around the world, with an average age of 29, which is a fifth of the young population in the world. India has also seen a rising start-up society which creates a suitable environment for young innovators. The government has already initiated programmes like Startup India and Pradhan Mantri MUDRA Yojana (PMMY) which is set to boost entrepreneurial pursuits and create job opportunities for the youth. India is blessed with geographical diversity and it can thus involve young people in identifying geographical indications around them.[8]

 

Even with the advancement in IP laws, it remains mysterious and intimidating to laymen because of their lack of knowledge and their inability to grasp the velocity of such an important aspect that could protect their intellectual assets. This is why there's a need to initiate steps in educating the youth about IP as they are the future and the key to the minds of laymen. In the words of the director-general of the World Intellectual Property Organisation, Daren Tang, it should act as a powerful catalyst for development, jobs, investments and business. The aim should be to make an inclusive IP ecosystem that focuses on small businesses, artists, creators, young entrepreneurs etc.[9] The initiative is to bring IP to the ground and ensure the participation of young people across the globe to bring out a successful economy and a harmonious environment for young talent to grow.

 

References:

[1]World Intellectual Property Organisation (n.d.) What is Intellectual Property? WIPO. https://www.wipo.int/about-ip/en/#

[2]World Intellectual Property Organisation (n.d.) What is Intellectual Property? WIPO. https://www.wipo.int/about-ip/en/#

[3]WIPO(n d.) World Intellectual Property Day – April 26, 2022 IP and Youth: Innovating for a Better Future. https://www.wipo.int/ip-outreach/en/ipday/

 [4] WIPO(n d.) World Intellectual Property Day – April 26, 2022 IP and Youth: Innovating for a Better Future. https://www.wipo.int/ip-outreach/en/ipday/

[5] Goldstein, P. (2008). Copyright, Patent, Trademark and Related State Doctrines- Cases and Materials on the Law of IP (6th ed.). Callaghan

[6] European Union Intellectual Property Office. (2016) Intellectual Property and Youth Scoreboard [Data Set]. https://euipo.europa.eu/ohimportal/en/web/observatory/ip-youth-scoreboard

[7] CAREERS360. (n.d.). What is IP and Technology Law?. https://www.careers360.com/courses/ip-and-technology-law-course#:~:text=What%20is%20IP%20and%20Technology,of%20a%20company.

[8] Economic Diplomacy Division. (n.d.). One of The Youngest Populations in the World – India’s Most Valuable Asset. Ministry of External Affairs. Government of India. https://indbiz.gov.in/one-of-the-youngest-populations-in-the-world-indias-most-valuable-asset/

[9]CanalOEPM. (2022, February 2). Innovating for a Better Future. Youth and IP[Video]. YouTube. https://youtu.be/1Kfi5mOy-YQ

 

 


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September 13, 2022

ROLE OF YOUTH IN INNOVATING FOR BETTER FUTURE THROUGH IP

author image` Manisha Melkani

Abstract: India is poised to become a leading science and technology hub. Intellectual property rights (IPR) have made a substantial contribution to India's economy through boosting research and development. In truth, IPR and economic growth are inextricably linked. It's time to recognize and honor youth-led innovation and creativity.

INTRODUCTION

"My hope of the future lies in the youths of character, intelligent, renouncing all for the service of others, and obedient - good to themselves and the country at large"[1]

- Swami Vivekananda

The value of a country is determined not by its wealth or goods, but by its people. A country may be wealthy, but the collective intellect and intelligence of the individuals who contribute to that prosperity is more significant than the actual wealth. The youth of a country determine how it will shape out in a few years; they are the country's future, and their acts and inactivity both contribute to the nation's state. As a result, it is correct to state that any country seeking to achieve long-term economic success requires the full support of its youth. The youth are indeed a barometer of a country's development, determining how quickly or slowly it develops.

HOW YOUTH ARE A VALUED ASSET FOR ECONOMIC GROWTH

India has the world's largest youth population, which is expected to grow even more in the future decade. Seventy percent of India's population is under the age of 35. Young people have demonstrated incredible endurance and the ability to not just survive but also create wealth. Youth aged 15 to 29 years old account for 27.5 percent of the population. The youth, aged 15 to 29, currently contribute approximately 34% of India's Gross National Income (GNI). It is imperative to capitalize on the demographic dividend and harness the ebullient youth and their creative energies into nation-building by improving their well-being through strategic planning.

1.HARBINGERS OF CHANGE

From gaining independence to developing new technologies that challenge the status quo to new forms of art, music, and culture, young people have been the heralds of change throughout the history of our wonderful nation, India. They have the ability to address today's urban challenges and come up with creative solutions. This generation is a tremendous and mostly untapped reservoir of innovation and imagination that can help us make the changes we need to get back on a more sustainable path.

Today, the world is in the midst of an unprecedented crisis in which nearly every country is battling. Such crises frequently prompt reconsideration of established norms and conceptions, as well as the initiation of thought processes aimed at shifting knowledge and power centers. The current pandemic crisis has caused shifts in several countries' thinking patterns in terms of power, resources, and innovative status. The way of doing business is changing around the globe. In this changing circumstance, we are assessing whether India is prepared, with the goal of restoring and reclaiming the image of glorious India as the world's teacher-vishwa guru. It has emerged as one of the new world's leaders on a number of fronts, while many rich countries have struggled to cope with the worst.

2.PROBLEM SOLVERS OF THE FUTURE

"The basis of innovation is often a desire to solve other people's problems."

India is beset by a slew of societal evils and local issues. A local issue is just as urgent as a large global issue. It's no surprise that local challenges and personal tales are powerful motivators for young inventors to pursue a project. It translates to a lot of passion and highly targeted, effective solutions. The country's positive and innovative youth have immense potential, and they can utilize their education to combat the country's ills - they can combat every social ill that holds a nation back and stops it from progressing at the rate it should.

Young innovators recognize the need to develop their talents in order to provide greater possibilities for their peers. There are lots of smart minds on the rise in India. Their new insights, energy, curiosity, and "can-do" attitude, not to mention their desire for a brighter future, are already changing ways and pushing change. Youth in the twenty-first century can successfully design prototypes and shock the world with their unique ideas thanks to the power of information and technology. Because of the COVID-19 pandemic, students had a lot of free time at home, which they used to develop their ideas.

To combat the coronavirus, students created eyewear with distance sensors, a touch-less doorbell, sanitizing bands, and a portable ventilator, among other things. We've seen some of the most ground-breaking ideas come from really young minds all throughout the country. Adults have been stumped by their easy and unconventional solutions to the 21st century's toughest challenges, including lowering pollution, converting to cleaner energy use, and combating our plastic scourge. Young people typically have a fresh and novel perspective on the world, as well as the imagination and motivation to make changes. Their keen observations, combined with a deep sense of empathy and a flare for action, have enabled them to make great strides towards creating an impact.

3.DIGITAL NATIVES AND REPOSITORY OF NEW AGE SKILLS

Technology has become an indisputable element of our daily lives. Young people are no longer merely consumers of technology; they are tomorrow's inventors, creators, pragmatists, and entrepreneurs. Digital natives include Millennials and Generation Z. They grew up in a world where the barriers between the actual and digital worlds were blurred. The widespread use of mobile phones and Internet access among young people has revolutionized the way we communicate and is a defining feature of our generation. As a result, a generation that is probably the most entrepreneurial, innovative, and creative in history has emerged. It is past time to recognize young people's enormous ability to develop new and better solutions that will aid in the transition to a more sustainable future. Indians make up a sizable percentage of software professionals all across the world. Our brilliant mathematical minds are well regarded around the world. And the opportunities given by digital media have not only accelerated the ideas of young inventors, but have also paved the road for future innovations.

Young innovators must be fostered. They are makers, and their capacity to connect the dots and generate new ideas is astounding, and it is something that schools, parents, and society as a whole should recognize. With a growing emphasis on innovation, cross-border research, and collaboration, it's more important than ever to understand intellectual property laws in order to preserve student ingenuity. Young innovators must recognize their value as young designers and how they may contribute to the welfare of communities by developing goods and having them properly patented.

INNOVATION WITH IP RIGHTS: A MUST FOR A BETTER FUTURE

The application of ideas that results in the introduction of a new way of doing something or a new technical solution to a problem is known as innovation. As a result, they are essentially the building blocks of technological growth, and promoting them is critical.

Intellectual property (IP)[2] refers to the property represented by a product or process resulting from human creativity, intellect, or innovative ideas. It is a catch-all term for a variety of rights such as copyright, trademark, design, geographical indications, plant variety rights, and trade secrets that are granted by society to individuals or organizations primarily over creative works such as inventions, literary and artistic works, and the symbols, names, images, and designs used in them.

For a short time, they offer the creator the right to prevent others from making unlawful use of their property. Industrial Property (functional commercial innovations) and Artistic and Literary Property are two types of intellectual property (cultural creations). Current technology advances are blurring this divide to some extent, and hybrid sui generis systems are emerging.

 

EFFORTS MADE BY THE GOVERNMENT

In today's so-called "knowledge-based society," intellectual property rights have never been more commercially and politically vital. The previous ten years have seen unparalleled levels of technological innovation, which have transformed homes, workplaces, medical, transportation, communication, military, and many other areas. These innovations have contributed significantly to the country's economic, social, and political development, resulting in several revisions in Intellectual Property (IP) laws and related business laws, resulting in a fruitful land where the crop of glory is ready to bloom. The years 2014–2016 are noted in India for the integrated development of intellectual property and business laws. "Make in India," "StartUp India," "Digital India," "Skill India," and "Standup India" were established as distinct business mantras that inoculated the seed of Indian economic growth. The Pradhan Mantri Mudra Yojna (PMMY) has expanded opportunities for entrepreneurship and employment.

On May 12, 2016, the first National Intellectual Property Rights (IPR) Policy[3] was adopted as a vision document to guide the country's future growth of IPRS. The National IPR Policy has provided a compelling rationale to nurture the concept of Innovation for the Nation. The Policy's motto, "Creative India; Innovative India: रचनात्मक भारत; अभिनव भारत" highlighted India's richness of creative and innovative energies, as well as the need to tap into and channelize these forces toward a better and brighter future for all. Overall, these significant reforms in IP and business laws are supporting a healthy innovation ecosystem in India, where IP development, protection, enforcement, and monetization are ripening.

Kofi Annan[4] remarked that "young people should be at the forefront of global change and innovation." They may be major agents for development and peace if they are empowered.

To help India become the world's "design hub" or "innovation powerhouse," we must reach out to future creators at a young age and instill in them the necessity of safeguarding their ideas and work. The fundamental goal of education is no longer merely to earn a job, but to produce innovative citizens who can tackle global challenges. Therefore, essential awareness of the Creator's rights should be provided to students at school level.

Students will enter a professional world in which they will create and exercise intellectual property rights, so it should be included in school and university curricula. One of the nation's top priorities, across all sectors and stakeholders, must be to support and promote the development of India's youth.

Furthermore, understanding intellectual property laws aids inventors in staying competitive by allowing them to secure their goods and designs. IPR allows them to collaborate on funding more effectively. If the inventions were patented and used to trade for beginners, designers and businesses would get a competitive advantage. IP has the ability to improve lives and provide livelihoods for billions of people.

IPRs can help achieve objectives, assist in the transformation of ideas into reality, generate revenue, create jobs, and have a positive impact on the world. Innovation and intellectual property rights go hand in hand in today's thriving and competitive market.

A patent, for example, can grant a monopoly on an invention for up to twenty years. In exchange for that protection, the invention's specifics are made public, allowing knowledge to be shared and expanding the capacity for subsequent innovation. Because of IPRs, young people have access to some of the most effective tools they need to advance their aspirations for a better future. IPR safeguards the inventor's monetary as well as non-monetary (reproduction or publication) interests.

IP rights contribute to societal enrichment by promoting: (1) Fair Use—the broadest possible availability of new and useful goods, services, and technical information resulting from innovative activity (recognizes inventors' work and allows free flow of information); and (2) Fair Dealing—the highest possible level of economic activity based on the production, circulation, and further development of such goods, services, and information. (Encouraging our youth to be innovative and creative).

As per data from the World Intellectual Property Organization (WIPO), India submitted more than 2.5 times as many patents in 2018 as it did in 2009. India's gross domestic product has nearly doubled in the same timeframe. The number of patent applications increased by 50% in the last seven years, from 42,763 in 2014-15 to 66,440 in 2021-22. For the first time in 11 years, the number of domestic patent filings topped the number of overseas patent filings in January-March 2022.[5] IPR has the ability to considerably boost a country's economic growth. Intellectual property protection encourages research and development. Licensed innovation encourages companies to invest in innovative technologies that have a significant social benefit. Young innovators may be allowed to use intellectual property rights to generate local health solutions to local health problems.

Many areas of youth-led innovation continue to be an untapped source of creativity. As a result, the government is attempting to create a legal and regulatory environment that encourages young innovators, creators, and entrepreneurs. With a patent, innovators can grant licenses for mass manufacturing, directly benefiting the economy.

THE WAY FORWARD

Since the youth are the driving force behind long-term socioeconomic growth, their participation in a country's development initiatives is crucial. As a result, it is correct to state that any country seeking to achieve long-term economic success requires the full support of its youth. The recent shift in the situation implies that we are at least attempting to reclaim the glory that was long lost. Recent efforts made by the country can help us move forward in a positive direction and realize our full potential in terms of effectively utilizing our indigenous brains. A route of innovation and restructuring with IP must be defined and pursued in order to reap the best fruit.

[1] Chakrabarti, B. (2018, January 11). Swami Vivekananda’s life and teachings for the Youth. Life11- Scribble and Scrawl; life11.org. https://life11.org/2018/01/11/swami-vivekanandas-life-and-teachings-for-the-youth/

[2] [1] Intellectual Property Rights Events (n.d.). IPR Events, ipindiaservices.gov.in. https://ipindiaservices.gov.in/events-ipr/home/Information-Booklet.aspx (accessed April 26, 2022)

[3] New IPR Policy. (n.d.). New IPR Policy; pib.gov.in. Retrieved April 26, 2022, from https://pib.gov.in/newsite/PrintRelease.aspx?relid=148265

 

[4] Lead Editor, N. J. (2021, February 26). 54 Kofi Annan Quotes On Leadership, Education and Rights. Everyday Power; everydaypower.com. https://everydaypower.com/kofi-annan-quotes/

[5] Number of patent filings rises to 66,440 in FY22 - The Economic Times. (n.d.). The Economic Times; economictimes.indiatimes.com. Retrieved April 26, 2022, from https://economictimes.indiatimes.com/news/india/number-of-patent-filings-rises-to-66440-in-fy22/articleshow/90796873.cms

 


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March 05, 2022

GIVING A CLARION CALL !

author image` Prof. G. B. Reddy

The world today has evolved into a knowledge and information society where the property in intellectual, intangible form viz., IP is immensely more valuable, impactful and transformative than the regular form of real property. This IP has diluted the traditional conceptions of possession and ownership, and pervades national boundaries with an effective global presence. The IPRs in the form of patents, copyrights, trademarks, trade secrets, industrial designs, geographical indications, plant varieties, traditional knowledge, integrated circuits, biodiversity and traditional cultural expressions, enable the exploitation of the intellectual property by its owners, stakeholders and also aim at dissemination and disclosure of knowledge for the advancement of society.

Along with this, the digital revolution by significant enhancement in the information and communication technology, particularly the internet and its convenient, economical access, has completely revamped the ways of conducting trade and business from traditional brick and mortar spaces to computer and mobile systems. It has created a boundary less, multi-jurisdictional virtual cyberspace where identity of users is fluid, information is volatile, response is instantaneous, goods and services are accessible by click of a button, and anything can immediately be broadcast to the entire world. The digitization has not only given new, varied dimensions to the creation, distribution and protection of IP but also has increased its significance manifold. As remarked by Bill Gates, “Intellectual Property has the shelf life of a banana” and the technological advances have made it essential to be even more adept at realization of the benefits of IPRs.

The transnational nature IPRs and their growing significance has led to the evolution of a legal regime for their protection and regulation at national and international levels. Further, it has become imperative to acknowledge the indelible impact of IPRs on promotion of creative works, innovations, inventions, international trade, technology and knowhow transfer, on the one hand, and the restraints IPRs may create on free flow of knowledge and sustenance of human rights like right to health and access to medicines, right to food and food security, right to traditional knowledge and prevention of bio-piracy, right to development, right to access materials for education, right to culture etc., on the other. The laws, regulatory agencies, courts, international organizations, non-government organizations are trying to find the perfect way to balance the IPRs and Human Rights, through initiatives like provision of exceptions to exclusive right, compulsory licensing, fair-use, creative commons, knowledge sharing repository etc., but the same is eluding us till this day, making it an issue of continuous contention and contemplation.

These circumstances necessitate immediate, proactive, nature of responses to developments in the realm of IPRs. The objective of this OU IPR Forum is to serve as a platform for stakeholders, practitioners, researchers, academicians and students to discuss relevant issues through invitation of submissions. At the same time, the Forum also aims to serve as a resourceful one-stop destination for developments and legal insights in fields of IPR by providing a ready commentary on recent developments in the field from its Editors, Advisors, Consultants and Researchers and to link readers to other interesting resources and articles.

The DPIIT IPR-Chair at Osmania University is embarking on this journey of spreading awareness on Intellectual Property (IP) and Intellectual Property Rights (IPRs) through the medium of this OU IPR Forum, by providing a platform for opinions, comments, discussions and debates on all issues relating to IP and IPRs, with a special emphasis on India.

We would like your full support in this endeavour. Please do your part by making submissions to this blog and also sharing it with others.

To get started, mail us at iprchairou@gmail.cominfo@ouipr.in.


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