the most vital aspects of any artistic
and creative work is the right vested in the producer of the work. With a
plethora of new and advanced categories of artistic and creative work being
churned out, it brings with it several new questions along with it.
Intellectual property is not just a term that covers various types of
expression of thought, ideas and information that is expressed onto a certain
medium, but also protects the legal and artistic entitlements of an artist who
is responsible for the same. The protection is not only rightfully given to the
work under intellectual property rights, but it also rightfully protects the
maker of the work. The holder of this right is legally entitled to exercise
several rights in relation to his or her work which are exclusive to the holder
of the right.
property rights, under its colossal ambit covers the likes of patents which is
esentially a right granted for any product, device, method or even process
which is novel, has utility and is inventive. Copyright protection pertains to
the legal protection awarded to any original creation in literary, artistic,
musical and dramatic works, multimedia, films, broadcasting etc., Trademark
protection is offered to any name, sign, logo, symbol, picture that is usued to
distinguish different goods and service rendering entities from one another or
goods and services. In addition to the aforementioned, intellectual property
rights also includes tradesecrets, plant varieties, circuit layouts and so on.
It is extremely pertinent to note that the different types of intellectual
property rights differ in the application. For instance, a copyright protection
is granted to the expression of a certain artistic work that is original and which has stemmed from
the intellect of the maker. However, the idea is protected vide the expression
of the sole idea, which may be expressed in many different ways by several
persons. The subject-matter of the intellectual property is not protected, but
merely an expression is protected and the same or similar subject-matter may be
expressed in a contrasting manner and is still applicable for protection.
rudimentary aspect of intellectual property rights is somewhat controversial
and moral. Intellectual property rights has a two – way function ie., it
strives to protect the makers of a certain work and it also awards the
exclusive right to the maker also known as the owner of the work a ‘bundle of
rights’ to utilize it or exploit it in a manner that he or she desires till the
period of the copyright protection. It vests upon the maker, the rights to
exclude others from utilizing the work. The maker, who has sown the seeds,
reaps the benefits and controls the distribution of the fruits of his labour.