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Defending IPRs

June 16, 2015 00:00:00


When it comes to infringement on Intellectual Property Rights (IPRs), the developing countries have mostly found themselves at the receiving end. Responsible for this until recently has, on the one had, been the developed countries' aggressive commercial attitude and on the other, lack of awareness on the part of the nations at a disadvantage. Only lately has the idea dawned on the disadvantaged nations that they have been robbed of their traditional knowledge and property in many areas. In some of the cases, they have well defended their rights by taking or threatening to take the infringer to international arbitration platforms.

This has definitely been inspiring for developing economies deprived of their IPRs. At the launching ceremony of a campaign against intellectual property infringement in the capital, the speakers suggested to take initiative without any further delay for establishing Intellectual Property Rights over 'Jamdani' and the traditional genre of song called 'Baul'. Jamdani's patent is important for the country and from the point of economic proceeds, it is significant. Property rights and patents have their long-term values -- economic and otherwise.

Such rights may have little to do with instant or short-term gains. But if a country is serious, it has to take a long view of its century-old wisdom. For example, the medicinal qualities people of this country discovered in various plants, their barks, leaves and fruits in the hoary past can be a subject of their intellectual contention. Such matters are well within the IPRs and should be defended, if need be, at the global forums or organisations like the World Trade Organisation (WTO) and the World Intellectual Property Rights Organisation (WIPRO).

Then there are a few items which are the country's own specialties such as Nakshi Kantha and a host of other handicrafts. Add to these, an array of sweetmeat. Right at this moment, one may think that there will be no contender for their patents. This is a mistaken view of IPRs. In fact, the policymakers and relevant persons working in different sectors of national life should first identify indigenous products - natural or manufactured, and innovations - technological or otherwise, that deserve international patenting and initiate appropriate actions in that direction.   Sooner they do so the better for the country. If they delay, someone from nowhere may appear to claim right to our indigenous products or properties. Some things may not command commercial values right at this moment but in the future they can be highly prized commercially too.


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