Most of the intellectual properties (IPs) lose their protection before the law after a specific period of time, and as a consequence, the said property falls into public domain. The rationale of such period specific protection is to enable the creators of such IPs to exclusively reap the rewards of their creations for a certain tenure, and thereafter, enabling its open access to the society in public interest.
Though the quantum of period specific protection may differ in various global jurisdictions, the rationale still remains the same. However, the law provides a differential treatment to various IPs when it comes to granting period specific protection.
Period specific protection of various IPs in India
| Patents (20 Years; Non-renewable) | Copyrights (lifetime of the author + 60 years post demise of the author) | Trademarks (10 Years; renewable for 10 years post each expiration of 10 years) | Designs (10 Years; renewable for a further period of 5 years) |
Post expiry of the aforementioned period, the respective IP falls in public domain. This is to say that the general public is free to use/apply the IPs without being concerned about its infringement.
Questions:
- Is there a need for extension of the existing period of protection?
- Is there a need to harmonize the duration for all IPs?
- Does a specific IP deserve protection for eternity?
- Which of the above IPs are under-protected than what they deserve?
- Patent VS Trade Secrets. Which is a beneficial protection with respect to period?
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