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Advantages & Disadvantages of Intellectual Property

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Last Updated on May 27, 2024 by Kanakkupillai

The name, logo, and even the things that you sell are all property of your company. You are the rightful owner of all of these types of intellectual property, which are yours to possess.

The rights granted to an individual’s properties, which are works of their mind or intellect, are recognized as intellectual property rights. Obtaining rights and protection for intellectual property is not an easy procedure. However, it is typically advised that business owners acquire this kind of protection in order to preserve and benefit from the intellectual property linked to their company.

Intellectual property rights have both pros and cons.

What does Intellectual Property Rights mean?

An author’s or owner’s set of legal rights over intellectual property is referred to as “intellectual property rights (IPR)”. These are a person’s rights over the works that come from his imagination. By paying their mental labour and granting them property rights over their products, they want to protect the interests of the authors. Thus, the benefits of their creations are granted to the creators and inventors. The legal rights controlling how intellectual property is used are known as intellectual property rights (IP rights).

What are the types of Intellectual Property Rights?

The five major kinds of IP rights are:

  1. Trademarks
  2. Copyrights
  3. Patents
  4. Trade Secrets
  5. Industrial Design

The pros of intellectual property rights

1. Economic growth

By encouraging fair commerce and providing statutory voice to the financial rights, intellectual property rights can promote economic development and hence support economic growth.

Intellectual property rights (IPRs) able to generate income through both direct marketing and third-party licencing.

2. Culture promotion

Authors are enabled by copyright, visual artists, producers, and additional authors to get paid for their creations that promote cultural variety, preserve cultural heritage, and benefit society at large. Film, music, and publishing are some of these creative businesses.

3. Enhanced Business Value

By generating additional revenue from the sale or licensing of inventions, intellectual property enhances the value of a corporation. These sources of income have the potential to greatly rise the company’s total valuation.

4. Successful Marketing of Goods and Services

IPR helps businesses market their goods and services more successfully. It allows for variation from rivals, drawing in a larger pool of potential customers. Product and service visibility in the market is improved by the uniqueness that IP protection provides.

5. Encourages Financial Assistance

The process of getting financial support from businesses and lenders is streamlined by intellectual property rights. Having intellectual property protected increases credibility and facilitates funding acquisition for company projects.

6. Outstanding Export Possibilities

Great export opportunities become more probably following a corporation gains recognition in the market. Protection of intellectual property rights makes a company more recognizable in the marketplace. This ensures that no one might acquire IP protection and then make the same products and services that are already available in the market. The company will have prospects to export the results.

7. Preference inside the Industry

As you can see, the market is occupied at the moment with many almost the same products and services. However, if your product is well-known and covered by intellectual property rights, customers will pick it over competitors in the market.

For example, there are many fast-food restaurant chains that are accessible, but customers choose to favour well-known brands like KFC.

The cons of intellectual property rights

The following list includes a few drawbacks of intellectual property protection:

1. Complex Process

As previously said, obtaining intellectual property rights is a very challenging process. That’s not a process that a layperson can conclude by themselves. It goes without saying that legal support is necessary to complete the process of acquiring intellectual property rights, as security cannot be acquired without expert help.

2. Challenges of Piracy and Infringement

Despite IP protection, one of the main drawbacks of intellectual property rights is the difficulty in stopping unauthorized copying and infringement. Determined people or company may manage to copy or pirate intellectual property (IP)-protected works despite of legal protections, which could result in financial loss and legal disputes.

3. Expensive

To acquire intellectual property protection, one must pay the registration fees as indicated by law. Furthermore, as was already noted, hiring an attorney to handle all the paperwork on behalf of the business owner becomes important due to the intricate process of acquiring intellectual property protection. Along with the registration fees, hiring an attorney is an extra cost. The cost of acquiring intellectual property protection goes up as a result of all this. Because it comes at a huge cost, smaller business owners occasionally choose not to do the same.

4. Requiring Time

Intellectual property rights are registered through a multi-step process. The applicant, or the person who want to acquire IP protection, must first file the application after fulfilling all requirements and achieving the necessary paperwork. After that, the examiner reviews and validates the application. He has the option to withdraw the application if he is not satisfied. The applicant must then submit the application once more after that. The candidate must make a significant financial time and energy in all of this. Because of this, business owners sometimes fail to notice the protection of intellectual rights.

5. Reducing Quality with Time

One negative aspect of intellectual property rights is the potential for a decline in the caliber and distinctiveness of the protected work when the period of the rights runs out. Others may copy or expand upon the original work when protection expires, which could eventually lessen its uniqueness and quality.

6. Global Inequalities

The laws governing intellectual property are not always the same. Different IP laws in various countries can result in unequal access to ideas and technologies, which disproportionately affects and restricts the growth of developing countries.

7. Complicated and Adaptable Rules

It can be difficult to navigate the complexities of intellectual property rules, particularly as they are subject to constant evolution. This intricacy could lead to misunderstandings and legal errors, inadvertently endangering intellectual property.

In conclusion

Today’s high-tech business environment places a substantial amount of importance on intellectual property rights. Businesses can get a competitive advantage and ensure recognition and security in a congested market with them, but they have a number of drawbacks. Thus, giving IPR significant thought is crucial for businesses hoping to thrive in the current world.

In order to shape a prosperous and inclusive in the future, highlighting this balance becomes more vital as global concerns shift and technology develops.

FAQs

1. How does intellectual property work?

The phrase “intellectual property” (IP) encompasses any creative output originating from the human mind, encompassing works in the arts, sciences, literature, technology, and other domains.

2. What exactly are rights to intellectual property?

Intellectual property rights are the legal safeguards that enable inventors and creators to keep their works for a certain period of time (IPR). With the use of these legal rights, the inventor, creator, or his assignee will be able to fully use their innovation or creativity for a set amount of time.

3. How do intellectual property rights benefit society?

Indirect revenue, culture, technical knowledge transmission, research and development, fair competition, and the ability to serve as collateral for financing are all benefits of intellectual property rights.

4. What drawbacks do intellectual property rights have?

The costs associated with patented material, IPR property theft, and deteriorating IPR property quality are some of the drawbacks of intellectual property rights.

5. Why are criticisms of Indian IPR policies made?

The impediments to compulsory licencing and patent evergreening are the main points of criticism directed towards the Indian IPR rules.

Swetha LLM

Swetha, LLM, a lawyer with skills in writing legal content, is passionate about simplifying complex legal concepts and engaging readers with her insights of nuanced legal ideas. She is able to preserve the accuracy of legal material while adjusting the tone and style to fit the audience.