The University Grants Commission (UGC) recently directed vice-chancellors of all universities to include Intellectual Property Rights (IPR) as an elective subject under the Choice Based Credit System (CBCS).
“Creations of mind such as inventions, designs for industrial articles, literary, artistic work, symbols, names and images etc. are protected by lntellectual Property rights (lPR). Intellectual Property Rights (lPR) is normally of two types: Industrial Property Rights and Copyright. The importance of IPR was first recognized in Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for Protection of Literary and Artistic Work (1886). lPRs should be protected to encourage the creator and also striking a balance between the innovators and public interest by creating an awareness where creativity can flourish. Keeping in view the importance of IPR which recognizes the work of the creator, you are requested to devise, through academic council, inclusion of the IPR as a generic elective subject under the Choice Based Credit System (CBCS) in your esteemed university and the affiliated colleges.”
It is important to note that IPR is not listed in the mandatory courses in the Bar Council Rules. Hence, IPR is not a compulsory subject even in law school. But the universities can choose to make it a mandatory course at their discretion.
Interestingly, this decision also helps in fulfilling one of the objectives in the IPR policy. Objective 1 states the aim for increasing IP awareness and promotion.
The knowledge of intellectual property rights is a must to a common man. A common man everywhere and every time come across the things created, invented, discovered and produced by some human mind. From the design of a house to a bike, almost all the things that surround one are one way or other, intellectual properties of some one. One has spent his time, money and energy to invent and create them. Therefore, these all-common things are intellectual property of someone and are protected by law.
Making IPR a mandatory subject will be extremely helpful in protecting a student’s creativity, ideas and creations. As a student, I feel that one must always be aware of his or her rights. Being taught IPR in college enlightens us to fight for our “creations” of our minds to be protected.
The IPR Policy aims to make IPRs as a marketable financial asset, promote innovation all while protecting public interest. This plan will be reviewed every five years with consultation with stakeholders. This course can help us improve the policy as the policy is to protect the public interest.
Awareness of our rights can greatly help in protecting the informal sector, as counterfeiting is extremely rampant
The policy states “The use of global protection systems will be promoted for obtaining protection of Indian IPRs in several countries for creating wider marketing and trading opportunities” as one of its key strategies that will ease the process for a student to promote his ideas worldwide.
However, we must note that this Policy is envisaging that aggressively protecting IP will increase creativity.
The old saying, “sharing is caring” is popular among social media users and online community members.
It is based on the principle that when someone shares something on social media, he or she is showing respect and care for the users. Social media and internet savvy people also like to share artistic work on social media and online platforms. Some do it to get attention from the artists by telling them how good their work is, some to boost their social status among their virtual online friends and some may do it for the simple reason that they can. While on most occasions artists can appreciate their work being showcased on online platforms, in some rare cases, creative industry players might deem it to be offensive and potentially cause losses to them.
I have blindly shared links on social platforms, not realizing that I am sharing copyrighted material. Videos are made with copyrighted music, which can cause one to get into trouble. I once found an entire movie on a social media site. A friend of mine wanted to start a YouTube channel, which would consist of videos oh him pranking people. He was not aware that every prank that was filmed on a person had to have that particular person signing a“no objections certificate”. Nor was he aware that he would not allowed to put copyrighted music. My basic knowledge, when it comes to Intellectual Property, has just been two terms: Patents and copyrights.
I firmly believe incorporating IPR into courses would not just help protect their rights, but also empower students to fight for their rights. But making it an elective course, however, might not hinder the process to making students aware. I feel the decision of it being an elective should be developed to making ir a mandatory subject. Not everyone would choose IPR as their subject which would cause the level of awareness to not be very high.
It is indeed quite heartening to see action taken to increase awareness about Intellectual Property Law. While the contents of the letter are definitely positive, it remains to be seen to what extent and in what manner will universities act upon the UGC prodding.
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