Career in Intellectual Property Rights – IPR Career
Intellectual Property Rights are mechanism to grant exclusive rights to certain creative ideas or business concepts to any individual or business entity. Essentially, it is a territorial property right deterring others to enter the domain. However if anyone wants to proclaim its usage then they have to pay royalty to the registered innovator.
The IPR assumes great significance specifically in current context because of the commodification of every product and its marketability with heightened competition. Creating a space of its own in the market, and disallowing or restricting others to enter the space provides a monopoly as well as enhanced profitability. IPR therefore becomes a medium of allowing this monopoly. It is a weapon granted to the innovator making him the supreme.
IP rights are a bundle of exclusive rights in relation to the particular form or manner in which ideas or information is manifested. The package consists of 8 rights namely – patent, copyright, trademark, industrial designs, layout design of integrated circuit, geographical indication, trade secrets and protection of plant varieties.
These days, virtually every second global product is protected under various sub – divisions of the law. e.g., DVDs under patents laws, softwares like Windows vista or a music composition under copyright laws, goodwill of product associated with its logo under trademark laws, appearance and – design of a Rolex watch or apple iphone – by laws relating to designs, Darjeeling tea or a bottle of champagne specifying the origin by Geographical indication etc.
Intellectual Property Rights Institutional Mechanism
The World Intellectual Property Organization ( WIPO ) is the global organization which acts as watchdog to guarantee that the rights of creators and owners of intellectual property are protected well all across the globe. However each country has its own set Of rules and jurisdiction. The TRIPS Agreement introduced global minimum standards for protecting and enforcing nearly all forms of IPR.
However, TRIPS also contains provisions that allow a degree of flexibility and sufficient room for countries to accommodate their own patent and intellectual property systems and developmental needs. This means countries have a certain amount of freedom in modifying their regulations and, various options exist for them in formulating their national legislation. For a legal protection to any innovation, it has to be filed separately for each country to hold its right. India, a signatory to Trade Related aspects of Intellectual Property rights ( TRIPS ), too has outlined its own manual and standards on IPR.
For instance, the patent war between Samsung and Apple phones does not stand within Indian jurisdiction as the patents are not filed in India. Therefore both of them can sell their products without any hitch. This in a sense signifies that even a small invention having some kind of legal protection can be an asset for the individual as well as the country itself.
Like a land property which has to be registered through a legal entity to proclaim its ownership, IP right has to also undergo the same process. Therefore the legal aspect becomes important. The way the legal document pertaining to the ownership of the intellectual property is drafted is the basis of how much hold / scope one has on the innovation. For example the claims made in the patent application actually mark the periphery of the innovation.
Need of IPR Professionals
The development of skills and competence to manage IPR and leverage its influence requires increasing focus. There is a need for developing skills in filing, reading and exploiting patents which will be crucial in the years to come. Our inventions must be protected. We must fully understand the implications of the patents granted to our competitors. Our graduates emerging from the engineering and technology streams have to be trained in IPR as they are the strategic assets in the battle being fought in the knowledge market.
Industries, Corporate sector, Research & Development institutes, Scientists, knowledge process outsourcing ( KPO ) / LPO etc, all organizations which are into development of new products or processes having industrial applications need IPR professionals.
It covers a large number of industries both high end ones as well as the MSME sector like IT, Pharma, Biotech, energy, manufacturing, textiles, films, music companies etc. Apart from drafting of applications, other roles of IPR specialists are IP evaluation, Patent landscaping, Commercialization analysis, Identifying useless IPR, Determining the royalties and Market dynamics of technology sub – segment.
Skill Set for Intellectual Property Rights Career
An IP Professional is required to perform multitude of tasks and should be well – versed with both scientific and legal concepts ( IP related ). An IP professional can be conducting patent and prior art searches, which actually involves searching all the patented and non patented literature, filing patents, drafting patent application at the patent office, prosecuting patents at the patent office / litigating at the court, conducting trade mark searches, managing IP portfolio etc. However, patent filing, patent application drafting needs technical skills. An IPR specialist therefore should have a degree in science or engineering and then supplement this with a degree in law.
Candidates having a science / engineering or technology degree of a recognized university, above 21 years of age are eligible to appear for the Patent Agent Examination conducted by the Patent Office, Governemnt of India ( www.ipindia.nic.in ); after qualifying they would become patent agents.
Intellectual Property Rights Courses
The Ministry of Human Resource Development Under the scheme of Intellectual Property Education, Research and Public Outreach ( IPERPO ) has so far set up 18 IPR Chairs in various universities and institutes considering their potential for development and growth of IPR Education, Research and Training. Out of 18 IPR Chairs set up so far, five ( 5 ) IPR Chairs are in Universities, five ( 5 ) IPR Chairs are in IITs five ( 5 ) IPR Chairs are in National Law Universities and three IPR chairs in IIMs ( Kolkata, Bangalore and Ahmedabad ).
Apart from this there are also Govt. as well as private Institutes offering LLB with specialization in IPR, Post Graduation Diploma in IPR, Certificate Courses, Distance Learning as well as Online Courses in IPR. Some of the Government as well as private Universities / Institutes Offering Courses in IPR are listed below :
|Announcement of Results and 1st List for MBA Group Discussion||18th June, 2014|
|Group Discussion for MBA||27th June, 2014 and 28th June 2014|
|Announcement of 1st List||30th June, 2014|
|Verification of documents and admissions||01st July, 2014|
|Last date for payment of fees||02nd July, 2014|
|Announcement of second list if required||03rd July, 2014|
|Verification of documents and admissions||04th July, 2014|
|Last date for payment of fees.||07th July, 2014|
|Announcement of third list if required||08th July, 2014|
|Verification of documents and admissions||09th July, 2014|
|Last date for payment of fees.||10th July, 2014|
|Classes commence||21st July, 2014|
|TNSF Consortium MBA MCA CET Exam Centres Code No||Arts & Science and Management Colleges ( only MBA / MCA )|
|185||Adaikala Matha College, Arun Nagar, Vallam, Thanjavur - 613 403.|
|186||Arignar Anna Institute of Management Studies and Computer Applications, Pennalur, Kancheepuram - 602 105.|
|187||Asan Memorial College of Arts & Science, Velachery - Tambaram Road,
Near Pallikaranai, Chennai - 600 100.
|188||Bishop Appasamy College of Arts & Science, Coimbatore - 641 018.|
|189||Cauvery College for Women, Tiruchirappalli district - 620 018.|
|190||G R Damodaran College of Science, Coimbatore - 641 006.|
|191||J J College of Arts and Science, Pudukkottai - 622 404.|
The Federation of Indian Chambers of Commerce & Industry ( FICCI ), in association with the Council of Scientific & Industrial Research ( CSIR ) conducts an intensive six – day certificate course in Intellectual Property Management. Moreover, ‘WIPO World – Wide Academy’ also offers various IPR related courses to groom professionals in this important subject area.
Intellectual Property Rights Job prospects
After getting PG Diploma in Intellectual Property Studies students can have a very prosperous career in patent law. They can get a job as a Patent Attorney in different organizations like Government agencies (R&D institutes, State run Patent Information centers funded by Department of Science & Technology, Gol ), law firms, corporate houses, Research and development units in various manufacturing companies like :
- Pharmaceutical Industry
- Cosmetics & Beauty Product
- Design Departments / Units, Agri Based Units
- Law Firms
- Research Organizations
- Voluntary Organizations
- Publishing Houses
- Media Units
- Software Industries Etc.
Corporate houses also employ PG Diploma in Intellectual Property Right holders as in – house counselors. Various MNCs, Knowledge Process Outsourcing companies also require the services of PG Diploma in Intellectual Property Right holders. ( Dr. Kirti Joshi is In-charge of Patent Information Center at Uttarakhand State Council for Science and Technology. The co – author Naina Khan is also associated with the same council. Email : email@example.com. )