RURAL IPR VS. URBAN IPR: AN ENORMOUS GAP BETWEEN INNOVATION AND EXCLUSIVITY
Category: IPR Law
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In this article, we first try to dive into the true meaning and motivation of Intellectual Property Rights, and in the later part, we will attempt to draw a comparative analysis of the use and awareness of intellectual property rights in rural and urban areas.
INTRODUCTION
The only special gift that distinguishes the entire human race from the other species on this planet is the ability to feel consciousness and use the human intellect. This is the foremost evolutionary step in the nerve line of the entire human race.
Science, technology, arts, literature, music, cuisines, and all other creative works are the outcomes of the human intellect.
Intellectual Property is the creative work of the human mind. It is not like some other tangible property that can be sensed or touched. It is an invisible or intangible product containing an innovative nature in itself. Sometimes intellectual property could be described as “knowledge goods”.
As intellectual property is also a property and as any property, it could be defined as any entity over which the right of ownership extends. It may also include the exclusive right of control and disposal. Those exclusive rights are known as intellectual property rights.
MEANING OF INTELLECTUAL PROPERTY RIGHTS
The exclusive legal rights that are bestowed upon people or organizations regarding their creative works are known as intellectual property rights or IPR. These rights give inventors the ability to manage and make money off of their ideas, creative works, designs, names, symbols, and pictures that are used in trade. IPR ensures that creators receive credit and monetary compensation for their contributions by preserving these intangible assets, which promote innovation and creativity.
Inconclusive layman's terms, Intellectual Property Rights (IPR) are the exclusive legal entitlements granted to individuals or organizations over their creations of the mind. These rights empower creators to control and profit from their inventions, artistic works, designs, symbols, names, and images used in commerce.
The Universal Declaration of Human Rights, in Article 27, delineates the scope of intellectual property rights. This includes the entitlement to material and moral interests’ protection resulting from the creation of scientific, literary, or artistic works by oneself.
The World Intellectual Property Organization (WIPO) is a major organization that manages intellectual property rights protection internationally. It is in charge of the Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886), which were the first international treaties to recognize the importance of intellectual property.
NEED OF THE IPR IN SOCIETY
The protection of innovation and ideas is the backbone of the development of any society. In the pre-IPR era, there was a need that there should be systematic legislation that could protect trade secrets and other monarch-privileged documents. Later on, these rights acquired various developments, and contemporarily the intellectual property rights provided the exclusive rights to the innovation of the human brain. The main motivation for these rights is to uplift the progressive brains of the society that would paint the landscape of an efficient future with the colourful paints of innovation.
RURAL IPR VS URBAN IPR
COMPARABLE ANALYSIS OF THE AWARENESS ABOUT INTELLECTUAL PROPERTY RIGHTS IN RURAL AND URBAN AREAS OF THE COUNTRY-
“You miss 100% of the shots you don’t take.” –Wayne Gretzky
Before comprehending the terms “Rural IPR” and “Urban IPR”, we should understand that innovation is not the result of development but development is the result of innovations.
It is not necessary that ideas or inventions only happen in big cities. The most terrific inventions of humankind have happened in forests and caves. Now, intellectual property rights protect inventions and inventors use these rights for the protection of their inventions. But the question is if the use of IPR is the same as in big cities in comparison to an underprivileged area, the same goes for the awareness about intellectual property rights.
Now, we can conclude from the above, that innovation could take birth in every area whether in a village, a small town, or a tier-one city. However, we don’t have equal awareness and knowledge about intellectual property rights in urban and rural areas of our country.
CHALLENGES OF IPR IN RURAL AREA
In India, a large number of people and companies, particularly those operating in rural areas, are ignorant of the value of intellectual property rights and how to safeguard them. Low levels of copyright, trademark, and patent registration result from this.India is thought to have a weak IPR protection legal framework and insufficient enforcement measures.
Approximately 68% of India's population lives in rural areas, which are diverse in terms of geography and culture and have low levels of IPR awareness and knowledge. Approximately 68% of India's population lives in rural areas, home to over 833 million people, making them a remarkable mosaic of diversity. In India, there are roughly 649,4813 villages. This large rural area is home to a plethora of ideas and innovations, creating a rich cultural mosaic that embodies the dynamic fabric of the country.
TWO FRIENDS STORY: AN ILLUSTRATION TO UNDERSTAND THE ISSUE
Once in the small village of Kerela, there were two boys, Priyan and Yuval.
Now, the father of Priyan is a government employee in a post office and Yuval’s father is a grocery shop owner. Our two friends are in the same class and their high school, they made a unique prototype of water cleaning for their school project. It was one of its kind and they got first prize for the same. The two friends decided to pitch it to the government for minor funding, but due to a lack of resources, they didn’t get any recognition or funds.
After some time Priyan’s father was transferred to a city and his family went there. Yuval and Priyan got separated. Yuval forgot the whole idea of invention and moved along but Priyan kept it in the back of his mind.
Later on, after some years, Priyan started his job in an MNC while doing the job. He discussed his water-cleaning idea with his lawyer friend and he advised him to obtain a patent on the same model and he did the same. The patent got approved and he incepted a small business with the same patent funded by some mid-investors.
Through this story we get some quick questions inside our brains and that contain most of the gist about the problem of rural areas on terms of Intellectual Property Rights.
What about the protection and awareness of Yuval’s innovation?
What about the idea and hard work of Yuval?
How many Priyan get out of the villages?
THE VILLAGE POTTER
There are countless amount of innovative and unique ideas existing and taking shape in the brains of rural people whether it is related to food secrets, farming techniques, or any technical/artistic idea.
Now, there is a small potter in the village in Uttar Pradesh, he makes one of its kind bird toys with clay. The unique part of this toy is that it is basically a whistle but when it is blown and filled with some water it produces the sound of bird singing.
We could easily understand how much this small potter in a remote village is aware about the rights related to intellectual property.
IPR IN AGRICULTURE AND FARMING METHODS
The legal issues that arise in rural India are varied and are impacted by the social and economic circumstances that exist in various communities. Different sectors face different legal issues that are a result of socioeconomic disparities. Marginalized and disadvantaged groups deal with issues associated with poverty
The initial patent legislations were not in favour of providing patent protection for plants, agricultural produce, and agricultural and horticultural methods. Even today, some patent legislations, for instance, the Indian Patents Act, do not recognize plants and agricultural methods as appropriate subject matter for patent protection.
The Indian Patent Act, 1970, and its ensuing amendments stipulated that patents could be applied for primarily agricultural machinery and tools or processes for developing agricultural chemicals. Nevertheless, prior to now, the following categories of products and processes were not considered patentable: agricultural or horticultural methods; life forms of other microorganisms, such as plant varieties; strains or breeds of animals, fish, or birds; products derived from chemical or biochemical processes; and any process for medicinal, surgical, curative, prophylactic, or other treatments of animals or plants to render them free of diseases or to increase their economic value or that of their products.
Intellectual property rights (IPR) must be upheld in any industry in order to foster innovation and advancement. Protecting intellectual property is crucial for bringing new innovations to farmers and for promoting ongoing investment in research and development.
COMPARATIVE ANALYSIS OF RURAL IPR VS URBAN IPR
IPR is a fundamental building block of innovation and advancement. In order to promote ongoing investment in research and development, intellectual property protection is required. In India, there are notable differences in the awareness of Intellectual Property Rights (IPR) between rural and urban areas. The following are some significant variations:
URBAN CITIES
1. Greater Awareness: Because education and information are more easily accessible in urban areas, there is typically a higher level of IPR awareness there. Also, the amount of exposure and awareness regarding IPR is quite much in cities than in comparison to villages.
2. Resource Access: Individuals living in cities have greater access to resources like IPR seminars, workshops, and legal services. The legal resources and access to legal knowledge is much easier in urban areas in comparison to rural areas.
3. Industrial and Academic Focus: Businesses and academic institutions that highlight the value of intellectual property rights (IPR) for innovation and business are frequently found in urban areas.Various campaigns and workshops are also organized at different levels in big cities.
RURAL AREAS
1. Less Awareness: Because education and information are more difficult to come by in rural areas, there is typically less awareness of IPR there. Most of the people in remote areas are not even familiar with the term IPR.
2. Traditional Knowledge: Although traditional knowledge and practices are often valuable, rural communities may not have the resources or knowledge to protect them through intellectual property rights.
3. Implementation Challenges: Small-scale farmers and rural entrepreneurs may find it challenging to obtain these protections due to the lengthy and costly IPR application process.
CONCLUSION
The main complication about the IPR is that there are some rights based on a social phenomenon so awareness would be enough to comprehend and utilize its advantages.
It requires a more technical approach to understanding the concept of IPR. In rural areas, there is of the our hour is not only awareness but a technical awareness such as workshops based on the intellectual property rights, free or afforable courses of how these rights works and about the basic procedures.
Another step that the government could initiate is the inclusion of mandatory subjects of IPR in the creative and technical educational degrees. Lastly, in conclusion, we all should accept that innovation is proportionate to development and resources it is found mainly in an area where a problem exists and infrastructure is lacking, rural areas.
"Inventions take birth when infrastructure fails to address the issue."
REFERENCES
Dewan, Mohan. “IPR Protection in Agriculture: An Overview.” Journal of Intellectual Property Rights, vol. 16, 2011.
Chauhan, Sunil. Legal Needs in Rural India: Challenges & Response of Legal Aid Authorities.
Maine, Jeffrey A, and Xuan-Thao N Nguyen. The Intellectual Property. Cambridge, United Kingdom ; New York, Ny, Usa, Cambridge University Press, 2017.
Understanding the Basics of Intellectual Property. WIPO, PP Presentation.
Intellectual Property Rights, 2022 edition, Lexus Nexus.
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WRITTEN BY YASH BHARDWAJ
GUIDED BY: ADVOCATE ANIK
