MANAGEMENT OF INTELLECTUAL PROPERTY RIGHTS IN EDUCATIONAL INSTITUTIONS

Abstract

Mind is the greatest of all gift bestowed upon man. It is the source of all imaginations and creativity. By application of this imagination and creativity on the resources surrounded him; man has created its own world to fulfil his mental and physical need and comfort. Earlier, these creations by men were not his private but the public properties. But later, on the realization of commercial significance of these creations of human mind, the need was felt to protect and restrict the exploitation of such inventions and creations. And that is how; this concept of Intellectual Property Right came.

Behind every creation, time, money, knowledge, efforts, and energy is required. It can take few minutes to years to create an intellectual property. These all together, costs huge investment on the part of creator^[1]. And this requires due respect and recognition to those, who made the creation possible, this requirement is fulfilled in terms of IPR. Recognition or respect alone will not sufficient, there always is a need of motivation. So IPR acts as the incentive to the creator and encourage creativity and inventions but not only this, it also creates a healthy competition among the creators which is very important for the development of the society^[2]. IPRs reward for the creativity and genuineness and ensure commercial gain for the creator or owner.  This also helps in finding solutions for emerging issues and for more viable options. IPRs ensure the originality and genuineness of the article or products. IPRs are important factor to stimulate economic growth and competition in market.^[3]

• Management of IPR

In layman understanding, ‘management of intellectual property rights’ suggests the understanding and protections of such rights. Fundamentally, it is government or the companies manage the IPRs. This management doesn’t confine to one dimension but different dimensions have been explored so far, which will be discussed further. The discussion will consider the issues related to educational institutions with the existing IPR substructure.

Conventionally, IP includes rights relating to copyright work, performance, broadcast, phonograms, inventions, industrial designs, scientific discoveries, trade or service related mark, names or designations related to commerce, and such other rights coming from such intellectually driven industrial, literary, scientific or artistic activity.^[4] And so the management of IPR has tried to be discussed with respect to all these aspects.