Smart move: Union commerce and industry minister Kamal Nath (right) launches the e-filing of patent and trademark applications

Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, symbols, names, images and designs used in commerce.” (Source: World Intellectual Property Organization).

Common types of IP are — copyrights, which give the holder exclusive rights to control some of the reproduction of works of authorship such as books and music for a certain period of time; patents, which give the holder an exclusive right to use an invention or to use it under license for a certain period, typically 20 years; trademarks, which are distinctive names, phrases or marks used to identify products for consumers; trade secrets, where a company keeps information secret, perhaps by enforcing a contract under which those given access to information are not permitted to disclose it to others.

The IP rights mentioned above, as conferred by law, can be given, sold, rented (called “licensing”) and in some countries, even mortgaged, in much the same way as physical property. However, these rights typically have limitations, sometimes including term limits and other exceptions (such as fair use for copyrighted works).

What do I have to do?

Intellectual property lawyers handle disputes that arise from the violation of IP rights-related regulations. They represent clients at various forums, from the patent office, the trademark and copyright office to the World Intellectual Property Organization and the World Trade Organization (WTO).

IP lawyers also assist companies to develop IP asset management and protection strategies designed to manage risk, continue growth and protect market share. They advise clients on leveraging their IP assets into revenue streams through licensing agreements, royalty structures and other dispositions.

IP law companies operate in major sectors like software, hardware, pharmaceuticals, biotechnology, life sciences, healthcare, telecommunications, manufacturing, retail, media, e-commerce, semiconductor and nanotechnology.

There have been inter-governmental efforts to harmonise IP practices through international treaties such as the 1994 WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) and the Paris Convention for the Protection of Industrial Property.

Recently, intellectual property law has begun to cover new types of subject matter such as databases. The electronic age has seen an increase in the attempt to use software-based digital rights management tools to restrict the copying and use of digital works.

What should I study?

To become an IP lawyer, you should have a bachelors degree in law, followed by a masters degree or a postgraduate diploma in IP law. You can be a graduate in any field to enrol in a distance learning postgraduate diploma programme in IP law.

What next?

Over the last few decades, IP law has played an increasingly vital role in the dizzying expansion of the Internet and in the rapid pace of technological, scientific and medical innovation. According to Sanjeev S. Niphadkar, a trademark and patent agent, “The study and application of IP laws is gaining momentum due to the IT revolution and the globalisation of the business environment. Professionals know the importance of goodwill for a brand.”

IP lawyers can do private practice or join law firms, the government, the military, the corporate sector, community development agencies or go into teaching. Advocates with adequate experience may be appointed as judges in courts. Alternative occupations could be law librarianship, legal publishing, setting up computer-based information systems for lawyers and legal journalism.

Some law firms that recruit and train personnel in IP are King Stubb & Kasiva, Vaish Associates, Amarjit & Associates and Parker & Parker Co. Patenting is a techno-legal area. One needs the basic skill of writing patents, which is honed by experience.

Where to study

• National Law School of India University, Bangalore.
• Indian Law Institute, New Delhi.
• Nalsar University of Law, Hyderabad.
• West Bengal National University of Juridical Sciences, Calcutta.
• Cochin University of Science & Technology, Kochi.