I am into Intellectual Property Rights (IPR) field of business.

IPR allows people to own their creativity

and innovations in the same way that they can own their physical property. Intellectual property is a
physical manifestation of your own ideas. Every business has intellectual property that belongs to the
business or the people who work for it. If your idea is original or new then the law not only recognizes
that you have right in it but will also to help you to protect that right. Things that make your product or
services different from those of other people are potentially rights that can be protected.

I believe that IP venture is global business to encourage individuals as well as economical

empowerment of the nation by sharing IP knowledge and motivating innovative minds to
develop/improve new/existing technologies to achieve optimal solution to a specific problem. As India
has lot of search capabilities which is still needed to explore and we know that our nation’s research
scholar dominate all part of the world, just because of that I strongly believe that India is going to lead
the world in next 15 years by strengthening its IP resource. This thought may also lead to minimize
their brain-drain and will improve our national growth. Consultants have to endeavour to create
awareness in various stake holders about the general IPR’s like Trademarks, Patents, Copyrights and
Designs, and unconventional rights like Geographical indicators, Plant varieties and Topographies of
Circuit.

There is still need to encourage our national organizations to get patented their new ideas and
inventions, to secure their innovations globally, and to make profit both in terms of money as well as
growth. This will further lead to growth in the nation’s intellectual assets. This way consultancy has lot
to offer in the field of IPR to encourage our nation’s great innovative minds about the real value and
importance of intellectual property. Also Lack of knowledge in this field has allowed others to take
advantage, as in 1995, two non-residential Indians, Suman K. Das and Hari Har P. Cohly, associated
with the University of Mississippi Medical Centre, Jackson, USA obtained patent for the use of
turmeric in the wound healing and we know turmeric has been used by Indian families, as a traditional
wound healer for thousands of years for healing wound and rashes. In this way by getting a patent,
they stopped others legally to manufacture products from turmeric and they made profit by selling the
already known products from turmeric to us. Later on, the patent was revoked by United States Patent
and Trademark Office (USPTO) on the basis of challenge filed by the New Delhi-based Council for
Agriculture Research (CSIR).

On account of new cases in the past, one of them is discussed earlier; consultants have to come
forward to spread awareness among people to legally protect their innovations and ideas. Also, there
is need for the government to take necessary initiative to further the intellectual assets for the
economical growth of the country and to create new opportunities in the booming field of IPR.
Opportunities for Consultant

Where there is creativity or innovation, there is a need for intellectual property consultants. Their
services are in demand across the U.S. and around the world. The wide variety of job opportunities
available to intellectual property consultants allows each person to choose a practice best suited to
that person's goals, needs and lifestyle choices.

Corporations

Many corporations hire intellectual property consultants. These consultants develop an expertise in
the technology of their corporations, and are often intimately involved in business decisions relating to
the protection of intellectual property and other related matters. Corporate intellectual property
lawyers work with attorneys in law firms on litigation and other matters that are referred out for
purposes of obtaining additional help or expertise.

The type and variety of corporate work is dictated by the business of the corporation. Larger high-tech
corporations will often have a staff of intellectual property lawyers drafting prosecuting patent
applications. A company heavily involved in marketing consumer products will often have in-house
IPR consultants handling its trademark matters. Book publishers and record companies are likely to
have staff specializing in copyright law. Regardless of the business, corporate work tends to be
comparatively focused, because the corporate lawyer has only one client, the corporation.

Law Firms

Many law firms throughout the U.S. specialize in intellectual property law. In addition, many large
general practice firms have intellectual property law departments. A law firm will usually have a wide
variety of clients and will therefore practice intellectual property law across a wide spectrum of
technologies. To accommodate these diverse needs, many intellectual property firms hire consultants
with as many different technical backgrounds as possible. Most intellectual property litigation is
handled by law firms, because the litigation expertise and necessary personnel are usually not
available in a corporate legal department.

Universities

Universities employ intellectual property consultants, especially those universities which are heavily
involved in research and development. University intellectual property consultants work with the
university's scientists and researchers in identifying inventions with commercial potential. While some
universities handle patent prosecution themselves, many rely on law firms for that purpose. The
university's intellectual property lawyers then assist in the commercialization of the invention,
transferring the patented technology through licensing or assignment.

A small number of teaching jobs in intellectual property law are available at law schools. A law
professor has the opportunity to work with highly qualified and interested law students, as well as the
opportunity to research and write articles on intellectual property law. Usually these positions are
highly desired and difficult to obtain; successful applicants tend to have strong academic credentials
as well as working experience in the intellectual property field.

Government Agencies

The federal government employs numerous intellectual property lawyers within its different agencies.
The USPTO, part of the Department of Commerce, is the principal employer of intellectual property
lawyers. Although the patent examiners who review patent applications are only required to have
technical backgrounds, some have law degrees as well. The trademark examiners employed by the
USPTO to review trademark applications are required to have a law degree. Intellectual property
lawyers are employed in other administrative areas within the USPTO.

The Department of Commerce employs intellectual property consultants to assist in matters involving
international trade. Other potential employers include the Department of Defence, the Department of
the Interior, and the Department of Energy. Intellectual property consultants in these departments
prepare patent applications and are also involved in administering and negotiating rights to inventions
made pursuant to government contracts.. The Department of Justice hires intellectual property
lawyers to represent the government when intellectual property matters are litigated on behalf of
government agencies.

Scope and Challenges

The various branches of intellectual property law patents, trademarks, designs, and copyrights ensure
legal exclusivity in the market. In the new world economy, these property rights are invaluable in the
fight to achieve and retain market shares. The term intellectual property presupposes an exclusive
right to perform some well-defined activity, mainly manufacturing or marketing. The increase in the
number of patents granted and trademarks registered indicate that intellectual property rights provide
immense commercial returns. The importance of recognising intellectual property rights is understood
worldwide, and almost all countries have framed statutes for their protection as these laws safeguard
ideas and information of commercial value.

But intellectual property laws guarantee only limited protection against exploitation. The economic
needs of the country always prevail over the commercial interest of an individual, and the legal
protection is limited to giving the freedom to compete. The increasing awareness of intellectual
property rights has brought a lot of pressure on the legal framework. The resources of the existing
legal systems are feeling the strain.

Active campaigns are on to get many new rights established under these laws. Recognition of new
rights creates problems that are sui generis. The challenges faced by intellectual property laws are
both substantial and procedural. Many rights that have been included under intellectual property could
not be protected in the absence of comprehensive statutes. For example, the best method of
protecting a computer program has not been yet found though it is recognised as copyright; there is a
strong campaign to bring computer programs within the context of patent rights.
Intellectual property rights have brought to light the increasing advantages of proprietary rights in an
age of economic liberalisation and cut-throat trade competition. Possession of a legally-recognised
intellectual property helps one maintain an early lead in the business. They recognise the monopoly of
the patent grantee or a trademark owner and monitor the activities of market competitors and
licensees. But the degree of market power created by intellectual property varies from item to item.
With substitute products flooding the market, it is difficult to determine the quantum of the product
consumers want. Due to socio-political and economic reasons most intellectual property has little
capacity to generate market power.

The development of these laws is strongly founded on political and economic history of the world. As
a corollary to the economic development propelled by the Industrial Revolution, the first legislation
that recognised the laws was the Statute of Monopolies of 1624, in England. This was followed by the
Copyright Act of 1709, which provided a writer with the sole right of printing his book for 14 to 21
years. Over the centuries, statutes have been drafted with greater clarity of expression and
organisation.

In India, most intellectual property rights are recognised by legislation and protected by statutes and a
large number of judicial decisions in the realm of Law of Torts. The patent system in India has its
legislative origins in the Act No. Six of 1856 this conferred certain privileges on inventors for 14 years.
This was substituted by Act No. 15 of 1859 which recognised patent monopolies as ``exclusive
privileges''. The provisions of this law were founded on the English Patent Act of 1852.

Intellectual property such as patents, trademarks and industrial designs are also known as industrial
properties. In India, trademarks of goods were protected by the Trade and Merchandise Marks Act
1958, which was amended in 1999. The Trade Marks Act of 1999 also provides for registration and
protection of trademarks for services and goods. This amendment Act recognises exclusive marketing
rights: Chapter 9A grants patents for medicines, which was not possible under the 1970 Act. Designs
are protected under the Designs Act, 1911. A Copyright, granted for artistic, literary and musical
works (and lasting for 60 years after the author's death), protects the author and artist from unlawful
reproduction, piracy and imitation. But the ideas and oral communication of the original contents are
still unsafe. The Copyright (Amendment) Act, 1994 acknowledges performance right and computer
program within the concept of copyright. But there is no comprehensive statute that addresses all
problems that might arise in the field of intellectual property.

The greatest cause of concern for Indians is that many of the popular trademarks are not registered
and most inventions or designs are not patented. Inadequate laws and their brittle and stagnant
existence expose the Indian market to the exploitation by transnational corporate interests. Many well-
known brand names owned for decades by large business houses in India, are under threat from new
multinational entrants. A registration or patenting that normally takes six years or more in India,
requires only six months in the US. The American system first grants a patent and then advertises for
any opposition, while in India granting of patent is the last ritual of a long and cumbersome procedure.
It is perhaps the vulnerability of the Indian laws that le d to the patenting of products such as basmati
rice, turmeric and tamarind in the US.

But this complacency is slowly being replaced by the increasing awareness on intellectual property
rights as the business community now recognises the danger it faces from foreign commercial
interests. This is indicated by the spate of applications reach ing the Patent Office and the Registrar of
Trademarks and the sudden increase in the number of cases filed in courts under intellectual
property.

With the advent of WTO and other international bodies that regulate transnational commerce,
intellectual property rights of the Third World are under siege. Transnational big-business interests
commercially exploit traditional knowledge and bio-diversity of these countries. Inadequacy of legal
coverage and the lethargy in the administration contribute to the crisis and make the Indian inventor,
breeder and farmer vulnerable to the onslaught of transnational commercial bullies. But as a member
of the WTO, India is bound to implement the TRIPS Agreement (Trade Related Aspects of Intellectual
Property Rights) in toto. It is in discharge of this obligation that trademark, patent and copyright laws
were amended in 1999, conforming to the provisions of the T RIPS Agreement.

At any rate, the global scenario compels India to fight the pressures from within and outside the
country; the future is not for the meek but the brave.