intellectual property research paper topic

Intellectual Property Law Research Paper Topics

Welcome to the realm of intellectual property law research paper topics , where we aim to guide law students on their academic journey by providing a comprehensive list of 10 captivating and relevant topics in each of the 10 categories. In this section, we will explore the dynamic field of intellectual property law, encompassing copyrights, trademarks, patents, and more, and shed light on its significance, complexities, and the diverse array of research paper topics it offers. With expert tips on topic selection, guidance on crafting an impactful research paper, and access to iResearchNet’s custom writing services, students can empower their pursuit of excellence in the domain of intellectual property law.

100 Intellectual Property Law Research Paper Topics

Intellectual property law is a dynamic and multifaceted field that intersects with various sectors, including technology, arts, business, and innovation. Research papers in this domain allow students to explore the intricate legal framework that governs the creation, protection, and enforcement of intellectual property rights. To aid aspiring legal scholars in their academic pursuits, this section presents a comprehensive list of intellectual property law research paper topics, categorized to encompass a wide range of subjects.

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• Fair Use Doctrine: Balancing Creativity and Access to Knowledge
• Copyright Infringement in the Digital Age: Challenges and Solutions
• The Role of Copyright Law in Protecting Creative Works of Art
• The Intersection of Copyright and AI: Legal Implications and Challenges
• Copyright and Digital Education: Analyzing the Impact of Distance Learning
• Copyright and Social Media: Addressing Infringement and User Rights
• Copyright Exceptions for Libraries and Educational Institutions
• Copyright Law and Virtual Reality: Emerging Legal Issues
• Copyright and Artificial Intelligence in Music Creation
• Copyright Termination Rights and Authors’ Works Reversion
• Patentable Subject Matter: Examining the Boundaries of Patent Protection
• Patent Trolls and Innovation: Evaluating the Impact on Technological Advancement
• Biotechnology Patents: Ethical Considerations and Policy Implications
• Patent Wars in the Pharmaceutical Industry: Balancing Access to Medicine and Innovation
• Standard Essential Patents: Analyzing the Role in Technology Development and Market Competition
• Patent Thickets and the Challenges for Startups and Small Businesses
• Patent Pooling and Collaborative Innovation: Advantages and Legal Considerations
• Patent Litigation and Forum Shopping: Analysis of Jurisdictional Issues
• Patent Law and Artificial Intelligence: Implications for Inventorship and Ownership
• Patent Exhaustion and International Trade: Legal Complexities in Global Markets
• Trademark Dilution: Protecting the Distinctiveness of Brands in a Global Market
• Trademark Infringement and the Online Environment: Challenges and Legal Remedies
• The Intersection of Trademark Law and Freedom of Speech: Striking a Balance
• Non-Traditional Trademarks: Legal Issues Surrounding Sound, Color, and Shape Marks
• Trademark Licensing: Key Considerations for Brand Owners and Licensees
• Trademark Protection for Geographical Indications: Preserving Cultural Heritage
• Trademark Opposition and Cancellation Proceedings: Strategies and Legal Considerations
• Trademark Law and Counterfeiting: Global Enforcement Challenges
• Trademark and Domain Name Disputes: UDRP and Legal Strategies
• Trademark Law and Social Media Influencers: Disclosure and Endorsement Guidelines
• Trade Secrets vs. Patents: Choosing the Right Intellectual Property Protection
• Trade Secret Misappropriation: Legal Protections and Remedies for Businesses
• Protecting Trade Secrets in the Digital Age: Cybersecurity Challenges and Best Practices
• International Trade Secret Protection: Harmonization and Enforcement Challenges
• Whistleblowing and Trade Secrets: Balancing Public Interest and Corporate Secrets
• Trade Secret Licensing and Technology Transfer: Legal and Business Considerations
• Trade Secret Protection in Employment Contracts: Non-Compete and Non-Disclosure Agreements
• Trade Secret Misappropriation in Supply Chains: Legal Implications and Risk Mitigation
• Trade Secret Law and Artificial Intelligence: Ownership and Trade Secret Protection
• Trade Secret Protection in the Era of Open Innovation and Collaborative Research
• Artificial Intelligence and Intellectual Property: Ownership and Liability Issues
• 3D Printing and Intellectual Property: Navigating the Intersection of Innovation and Copyright
• Blockchain Technology and Intellectual Property: Challenges and Opportunities
• Digital Rights Management: Addressing Copyright Protection in the Digital Era
• Open Source Software Licensing: Legal Implications and Considerations
• Augmented Reality and Virtual Reality: Legal Issues in Content Creation and Distribution
• Internet of Things (IoT) and Intellectual Property: Legal Challenges and Policy Considerations
• Big Data and Intellectual Property: Privacy and Data Protection Concerns
• Artificial Intelligence and Patent Offices: Automation and Efficiency Implications
• Intellectual Property Implications of 5G Technology: Connectivity and Innovation Challenges
• Music Copyright and Streaming Services: Analyzing Legal Challenges and Solutions
• Fair Use in Documentary Films: Balancing Copyright Protection and Freedom of Expression
• Intellectual Property in Video Games: Legal Issues in the Gaming Industry
• Digital Piracy and Copyright Enforcement: Approaches to Tackling Online Infringement
• Personality Rights in Media: Balancing Privacy and Freedom of the Press
• Streaming Services and Copyright Licensing: Legal Challenges and Royalty Distribution
• Fair Use in Parody and Satire: Analyzing the Boundaries of Creative Expression
• Copyright Protection for User-Generated Content: Balancing Authorship and Ownership
• Media Censorship and Intellectual Property: Implications for Freedom of Information
• Virtual Influencers and Copyright: Legal Challenges in the Age of AI-Generated Content
• Intellectual Property Protection in Developing Countries: Promoting Innovation and Access to Knowledge
• Cross-Border Intellectual Property Litigation: Jurisdictional Challenges and Solutions
• Trade Agreements and Intellectual Property: Impact on Global Innovation and Access to Medicines
• Harmonization of Intellectual Property Laws: Prospects and Challenges for International Cooperation
• Indigenous Knowledge and Intellectual Property: Addressing Cultural Appropriation and Protection
• Intellectual Property and Global Public Health: Balancing Innovation and Access to Medicines
• Geographical Indications in International Trade: Legal Framework and Market Exclusivity
• International Licensing and Technology Transfer: Legal Considerations for Multinational Corporations
• Intellectual Property Enforcement in the Digital Marketplace: Comparative Analysis of International Laws
• Digital Copyright and Cross-Border E-Commerce: Legal Implications for Online Businesses
• Intellectual Property Strategy for Startups: Maximizing Value and Mitigating Risk
• Licensing and Franchising: Legal Considerations for Expanding Intellectual Property Rights
• Intellectual Property Due Diligence in Mergers and Acquisitions: Key Legal Considerations
• Non-Disclosure Agreements: Safeguarding Trade Secrets and Confidential Information
• Intellectual Property Dispute Resolution: Arbitration and Mediation as Alternative Methods
• Intellectual Property Valuation: Methods and Challenges for Business and Investment Decisions
• Technology Licensing and Transfer Pricing: Tax Implications for Multinational Corporations
• Intellectual Property Audits: Evaluating and Managing IP Assets for Businesses
• Trade Secret Protection and Non-Compete Clauses: Balancing Employer and Employee Interests
• Intellectual Property and Startups: Strategies for Funding and Investor Relations
• Intellectual Property and Access to Medicines: Ethical Dilemmas in Global Health
• Gene Patenting and Human Dignity: Analyzing the Moral and Legal Implications
• Intellectual Property and Indigenous Peoples: Recognizing Traditional Knowledge and Culture
• Bioethics and Biotechnology Patents: Navigating the Intersection of Science and Ethics
• Copyright, Creativity, and Freedom of Expression: Ethical Considerations in the Digital Age
• Intellectual Property and Artificial Intelligence: Ethical Implications for AI Development and Use
• Genetic Engineering and Intellectual Property: Legal and Ethical Implications
• Intellectual Property and Environmental Sustainability: Legal and Ethical Perspectives
• Cultural Heritage and Intellectual Property Rights: Preservation and Repatriation Efforts
• Intellectual Property and Social Justice: Access and Equality in the Innovation Ecosystem
• Innovation Incentives and Intellectual Property: Examining the Relationship
• Intellectual Property and Technology Transfer: Promoting Innovation and Knowledge Transfer
• Intellectual Property Rights in Research Collaborations: Balancing Interests and Collaborative Innovation
• Innovation Policy and Patent Law: Impact on Technology and Economic Growth
• Intellectual Property and Open Innovation: Collaborative Models and Legal Implications
• Intellectual Property and Startups: Fostering Innovation and Entrepreneurship
• Intellectual Property and University Technology Transfer: Challenges and Opportunities
• Open Access and Intellectual Property: Balancing Public Goods and Commercial Interests
• Intellectual Property and Creative Industries: Promoting Cultural and Economic Development
• Intellectual Property and Sustainable Development Goals: Aligning Innovation with Global Priorities

The intellectual property law research paper topics presented here are intended to inspire students and researchers to delve into the complexities of intellectual property law and explore emerging issues in this ever-evolving field. Each topic offers a unique opportunity to engage with legal principles, societal implications, and practical challenges. As the landscape of intellectual property law continues to evolve, there remains an exciting realm of uncharted research areas, waiting to be explored. Through in-depth research and critical analysis, students can contribute to the advancement of intellectual property law and its impact on innovation, creativity, and society at large.

Exploring the Range of Topics in Human Rights Law

Human rights law is a vital field of study that delves into the protection and promotion of fundamental rights and freedoms for all individuals. As a cornerstone of international law, human rights law addresses various issues, ranging from civil and political rights to economic, social, and cultural rights. It aims to safeguard the inherent dignity and worth of every human being, regardless of their race, religion, gender, nationality, or other characteristics. In this section, we will explore the diverse and expansive landscape of intellectual property law research paper topics, shedding light on its significance and the vast array of areas where students can conduct meaningful research.

• Historical Perspectives on Human Rights : Understanding the historical evolution of human rights is essential to comprehend the principles and norms that underpin modern international human rights law. Research papers in this category may explore the origins of human rights, the impact of significant historical events on the development of human rights norms, and the role of key figures and organizations in shaping the human rights framework.
• Human Rights and Social Justice : This category delves into the intersection of human rights law and social justice. Intellectual property law research paper topics may encompass the role of human rights in addressing issues of poverty, inequality, discrimination, and marginalization. Researchers can analyze how human rights mechanisms and legal instruments contribute to advancing social justice and promoting inclusivity within societies.
• Gender Equality and Women’s Rights : Gender equality and women’s rights remain crucial subjects in human rights law. Research papers in this area may explore the legal protections for women’s rights, the challenges in achieving gender equality, and the impact of cultural and societal norms on women’s human rights. Intellectual property law research paper topics may also address specific issues such as violence against women, gender-based discrimination, and the role of women in peacebuilding and conflict resolution.
• Freedom of Expression and Media Rights : The right to freedom of expression is a fundamental human right that forms the basis of democratic societies. In this category, researchers can examine the legal dimensions of freedom of expression, including its limitations, the role of media in promoting human rights, and the challenges in balancing freedom of expression with other rights and interests.
• Human Rights in Armed Conflicts and Peacebuilding : Armed conflicts have severe implications for human rights, necessitating robust legal frameworks for protection. Topics in this category may focus on humanitarian law, the rights of civilians during armed conflicts, and the role of international organizations in peacebuilding and post-conflict reconstruction.
• Refugee and Migration Rights : With the global refugee crisis and migration challenges, this category addresses the legal protections and challenges faced by refugees and migrants. Research papers may delve into the rights of asylum seekers, the principle of non-refoulement, and the legal obligations of states in providing humanitarian assistance and protection to displaced populations.
• Economic, Social, and Cultural Rights : Economic, social, and cultural rights are integral to human rights law, ensuring the well-being and dignity of individuals. Topics may explore the right to education, health, housing, and adequate standards of living. Researchers may also examine the justiciability and enforcement of these rights at national and international levels.
• Human Rights and Technology : The digital age presents new challenges and opportunities for human rights. Research in this category can explore the impact of technology on privacy rights, freedom of expression, and the right to access information. Intellectual property law research paper topics may also cover the use of artificial intelligence and algorithms in decision-making processes and their potential implications for human rights.
• Environmental Justice and Human Rights : Environmental degradation has significant human rights implications. Researchers can investigate the intersection of environmental protection and human rights, examining the right to a healthy environment, the rights of indigenous communities, and the role of human rights law in addressing climate change.
• Business and Human Rights : The responsibilities of corporations in upholding human rights have gained increasing attention. This category focuses on corporate social responsibility, human rights due diligence, and legal mechanisms to hold businesses accountable for human rights violations.

The realm of human rights law offers an expansive and dynamic platform for research and exploration. As the international community continues to grapple with pressing human rights issues, students have a unique opportunity to contribute to the discourse and advance human rights protections worldwide. Whether examining historical perspectives, social justice, gender equality, freedom of expression, or other critical areas, research in human rights law is a compelling endeavor that can make a positive impact on the lives of people globally.

How to Choose an Intellectual Property Law Topic

Choosing the right intellectual property law research paper topic is a crucial step in the academic journey of law students. Intellectual property law is a multifaceted and rapidly evolving field that covers a wide range of subjects, including patents, copyrights, trademarks, trade secrets, and more. With such diversity, selecting a compelling and relevant research topic can be both challenging and exciting. In this section, we will explore ten practical tips to help students navigate the process of choosing an engaging and impactful intellectual property law research paper topic.

• Identify Your Interests and Passion : The first step in selecting a research paper topic in intellectual property law is to identify your personal interests and passion within the field. Consider what aspects of intellectual property law resonate with you the most. Are you fascinated by the intricacies of patent law and its role in promoting innovation? Or perhaps you have a keen interest in copyright law and its influence on creative expression? By choosing a topic that aligns with your passions, you are more likely to stay motivated and engaged throughout the research process.
• Stay Updated on Current Developments : Intellectual property law is a dynamic area with continuous developments and emerging trends. To choose a relevant and timely research topic, it is essential to stay updated on recent court decisions, legislative changes, and emerging issues in the field. Follow reputable legal news sources, academic journals, and intellectual property law blogs to remain informed about the latest developments.
• Narrow Down the Scope : Given the vastness of intellectual property law, it is essential to narrow down the scope of your research paper topic. Focus on a specific subfield or issue within intellectual property law that interests you the most. For example, you may choose to explore the legal challenges of protecting digital copyrights in the music industry or the ethical implications of gene patenting in biotechnology.
• Conduct Preliminary Research : Before finalizing your research paper topic, conduct preliminary research to gain a better understanding of the existing literature and debates surrounding the chosen subject. This will help you assess the availability of research material and identify any gaps or areas for further exploration.
• Review Case Law and Legal Precedents : In intellectual property law, case law plays a crucial role in shaping legal principles and interpretations. Analyzing landmark court decisions and legal precedents in your chosen area can provide valuable insights and serve as a foundation for your research paper.
• Consult with Professors and Experts : Seek guidance from your professors or intellectual property law experts regarding potential intellectual property law research paper topics. They can offer valuable insights, suggest relevant readings, and provide feedback on the feasibility and relevance of your chosen topic.
• Consider Practical Applications : Intellectual property law has real-world implications and applications. Consider choosing a research topic that has practical significance and addresses real challenges faced by individuals, businesses, or society at large. For example, you might explore the role of intellectual property in facilitating technology transfer in developing countries or the impact of intellectual property rights on access to medicines.
• Analyze International Perspectives : Intellectual property law is not confined to national boundaries; it has significant international dimensions. Analyzing the differences and similarities in intellectual property regimes across different countries can offer a comparative perspective and enrich your research paper.
• Propose Solutions to Existing Problems : A compelling research paper in intellectual property law can propose innovative solutions to existing problems or challenges in the field. Consider focusing on an area where there are unresolved debates or conflicting interests and offer well-reasoned solutions based on legal analysis and policy considerations.
• Seek Feedback and Refine Your Topic : Once you have narrowed down your research paper topic, seek feedback from peers, professors, or mentors. Be open to refining your topic based on constructive criticism and suggestions. A well-defined and thoughtfully chosen research topic will set the stage for a successful and impactful research paper.

Choosing the right intellectual property law research paper topic requires careful consideration, passion, and a keen awareness of current developments in the field. By identifying your interests, staying updated on legal developments, narrowing down the scope, conducting preliminary research, and seeking guidance from experts, you can select a compelling and relevant topic that contributes to the academic discourse in intellectual property law. A well-chosen research topic will not only showcase your expertise and analytical skills but also provide valuable insights into the complexities and challenges of intellectual property law in the modern world.

How to Write an Intellectual Property Law Research Paper

Writing an intellectual property law research paper can be an intellectually stimulating and rewarding experience. However, it can also be a daunting task, especially for students who are new to the intricacies of legal research and academic writing. In this section, we will provide a comprehensive guide on how to write an effective and impactful intellectual property law research paper. From understanding the structure and components of the paper to conducting thorough research and crafting compelling arguments, these ten tips will help you navigate the writing process with confidence and proficiency.

• Understand the Paper Requirements : Before diving into the writing process, carefully review the requirements and guidelines provided by your professor or institution. Pay attention to the paper’s length, formatting style (APA, MLA, Chicago/Turabian, Harvard, etc.), citation guidelines, and any specific instructions regarding the research paper topic or research methods.
• Conduct In-Depth Research : A strong intellectual property law research paper is built on a foundation of comprehensive and credible research. Utilize academic databases, legal journals, books, and reputable online sources to gather relevant literature and legal precedents related to your chosen topic. Ensure that your research covers a wide range of perspectives and presents a well-rounded analysis of the subject matter.
• Develop a Clear Thesis Statement : The thesis statement is the central argument of your research paper. It should be concise, specific, and clearly convey the main point you will be arguing throughout the paper. Your thesis statement should reflect the significance of your research topic and its contribution to the field of intellectual property law.
• Create an Outline : An outline is a roadmap for your research paper, helping you organize your thoughts and ideas in a logical and coherent manner. Divide your paper into sections, each representing a key aspect of your argument. Within each section, outline the main points you will address and the evidence or analysis that supports your claims.
• Introduction : Engage and Provide Context: The introduction of your research paper should captivate the reader’s attention and provide essential context for your study. Start with a compelling opening sentence or anecdote that highlights the importance of the topic. Clearly state your thesis statement and provide an overview of the main points you will explore in the paper.
• Literature Review : In the early sections of your research paper, include a literature review that summarizes the existing research and scholarship on your topic. Analyze the key theories, legal doctrines, and debates surrounding the subject matter. Use this section to demonstrate your understanding of the existing literature and to identify gaps or areas where your research will contribute.
• Legal Analysis and Argumentation : The heart of your intellectual property law research paper lies in your legal analysis and argumentation. Each section of the paper should present a well-structured and coherent argument supported by legal reasoning, case law, and relevant statutes. Clearly explain the legal principles and doctrines you are applying and provide evidence to support your conclusions.
• Consider Policy Implications : Intellectual property law often involves complex policy considerations. As you present your legal arguments, consider the broader policy implications of your research findings. Discuss how your proposed solutions or interpretations align with societal interests and contribute to the advancement of intellectual property law.
• Anticipate Counterarguments : To strengthen your research paper, anticipate potential counterarguments to your thesis and address them thoughtfully. Acknowledging and refuting counterarguments demonstrate the depth of your analysis and the validity of your position.
• Conclusion : Recapitulate and Reflect: In the conclusion of your research paper, recapitulate your main arguments and restate your thesis statement. Reflect on the insights gained from your research and highlight the significance of your findings. Avoid introducing new information in the conclusion and instead, offer recommendations for further research or policy implications.

Writing an intellectual property law research paper requires meticulous research, careful analysis, and persuasive argumentation. By following the tips provided in this section, you can confidently navigate the writing process and create an impactful research paper that contributes to the field of intellectual property law. Remember to adhere to academic integrity and proper citation practices throughout your research, and seek feedback from peers or professors to enhance the quality and rigor of your work. A well-crafted research paper will not only demonstrate your expertise in the field but also provide valuable insights into the complexities and nuances of intellectual property law.

iResearchNet’s Research Paper Writing Services

At iResearchNet, we understand the challenges that students face when tasked with writing complex and comprehensive research papers on intellectual property law topics. We recognize the importance of producing high-quality academic work that meets the rigorous standards of legal research and analysis. To support students in their academic endeavors, we offer custom intellectual property law research paper writing services tailored to meet individual needs and requirements. Our team of expert writers, well-versed in the intricacies of intellectual property law, is committed to delivering top-notch, original, and meticulously researched papers that can elevate your academic performance.

• Expert Degree-Holding Writers : Our team consists of experienced writers with advanced degrees in law and expertise in intellectual property law. They possess the necessary knowledge and research skills to create well-crafted research papers that showcase a profound understanding of the subject matter.
• Custom Written Works : We take pride in producing custom-written research papers that are unique to each client. When you place an order with iResearchNet, you can be assured that your paper will be tailored to your specific instructions and requirements.
• In-Depth Research : Our writers conduct thorough and comprehensive research to ensure that your intellectual property law research paper is well-supported by relevant legal sources and up-to-date literature.
• Custom Formatting : Our writers are well-versed in various citation styles, including APA, MLA, Chicago/Turabian, and Harvard. We will format your research paper according to your specified citation style, ensuring accuracy and consistency throughout the paper.
• Top Quality : We are committed to delivering research papers of the highest quality. Our team of editors reviews each paper to ensure that it meets the required academic standards and adheres to your instructions.
• Customized Solutions : At iResearchNet, we recognize that each research paper is unique and requires a tailored approach. Our writers take the time to understand your specific research objectives and create a paper that aligns with your academic goals.
• Flexible Pricing : We offer competitive and flexible pricing options to accommodate students with varying budget constraints. Our pricing is transparent, and there are no hidden fees or additional charges.
• Short Deadlines : We understand that students may face tight deadlines. Our writers are skilled in working efficiently without compromising the quality of the research paper. We offer short turnaround times, including deadlines as tight as 3 hours.
• Timely Delivery : Punctuality is a priority at iResearchNet. We ensure that your completed research paper is delivered to you on time, allowing you ample time for review and any necessary revisions.
• 24/7 Support : Our customer support team is available 24/7 to assist you with any queries or concerns you may have. Feel free to contact us at any time, and we will promptly address your needs.
• Absolute Privacy : We value your privacy and confidentiality. Your personal information and order details are treated with the utmost confidentiality, and we never share your data with third parties.
• Easy Order Tracking : Our user-friendly platform allows you to easily track the progress of your research paper. You can communicate directly with your assigned writer and stay updated on the status of your order.
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When it comes to writing an exceptional intellectual property law research paper, iResearchNet is your reliable partner. With our team of expert writers, commitment to quality, and customer-centric approach, we are dedicated to helping you succeed in your academic pursuits. Whether you need assistance with choosing a research paper topic, conducting in-depth research, or crafting a compelling argument, our custom writing services are designed to provide you with the support and expertise you need. Place your order with iResearchNet today and unlock the full potential of your intellectual property law research.

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Intellectual Property Law Dissertation Topics

Published by Ellie Cross at December 29th, 2022 , Revised On May 3, 2024

A dissertation or a thesis in the study area of intellectual property rights can be a tough nut to crack for students. Masters and PhD students of intellectual property rights often struggle to come up with a relevant and fulfilling research topic; this is where they should seek academic assistance from experts.

An individual, a group, an association, an organisation or a company that wants to claim ownership of a particular design, piece of art, technology, literature, or physical or virtual property must adhere to a specific set of rules. Without these regulations, known as intellectual property rights, concerning parties will not be secure, and anyone could easily steal from them. If someone else attempts to take the property, the original owners are guaranteed the right to keep and reclaim it.

So let’s take a look at the list of unique and focused intellectual property law dissertation topics, so you can select one more suitable to your requirements and get started with your project without further delay. Don’t forget to read our free guide on writing a dissertation step by step after you have finalised the topic. 

A List Of Intellectual Property Law Dissertation Topics Is Provided Below

• How can virtual companies ensure that copyright rules are followed while creating their logos, websites, goods, and designs?
• What does it mean legally to own an original work of art or piece of property?
• Can the most recent technical developments coexist peacefully with the present patent rules and system?
• Does the UK’s intellectual property legislation protect the owners and users fairly and securely?
• Is there a connection between European and British intellectual property laws?
• Comparison of the institutions and regulations governing intellectual property in the US and the UK
• What do fair pricing and fair dealing with copyright regulations mean?
• Can a business or individual assert ownership of a colour scheme or hue?
• The conflict between business law and trade secrets
• The Difficult Relationship Between Intellectual Property and Contemporary Art
• Trade-Related Aspects of IP Rights: A Workable Instrument for Enforcing Benefit Sharing
• A US-UK Comparison of the Harmonisation of UK Copyright and Trademark Damages
• The difficulties brought by digitalisation and the internet are beyond the capacity of the copyright system to appropriately address them. Discuss
• Which copyright laws can be cited as protecting software?
• The law on online copyright infringement facilitation
• The necessity for companies to safeguard their brand value should serve as the primary
• Justification for trademark protection. The general welfare is only a secondary concern. Discuss
• Intellectual property rights are being directly used by businesses and investors: IP privateering and contemporary letters of marque and reprisal
• Decisions and dynamics in understanding the role of intellectual property in digital technology-based startups
• Investigating conflicts between appropriable and collaborative openness in innovation
• Assessing the strength and scope of our system for protecting the intellectual property rights of indigenous people
• Assessing legal protections for intellectual property rights online
• Does EU copyright legislation adequately balance the requirements of consumers and inventors?
• A case study of the US is used to evaluate fair dealing in terms of copyright law.
• Contrasting and comparing the US and UK intellectual property systems
• Are consumers and owners protected and treated fairly under EU intellectual property law?
• What effects has EU legislation had on the UK’s intellectual property system?
• What more should be done to increase the efficacy of the US’s present intellectual property laws?
• Analysing how Brexit may affect the UK’s protection of intellectual property rights
• An in-depth analysis of the UK’s invention and patenting system: Can the existing, rigid system stimulate innovation?
• The Role of Intellectual Property Rights in Promoting Innovation and Economic Growth.
• Comparative Analysis of Patent Laws: Case Study of the US, EU, and China.
• Challenges and Solutions of the Copyright Protection in the Digital Age
• The Impact of Open Access Initiatives on Intellectual Property Rights.
• Emerging Issues in Trademark Protection in the Global Marketplace
• Intellectual Property Enforcement in the Era of Online Piracy.
• Intellectual Property Rights and Artificial Intelligence
• Legal Frameworks and Indigenous Right for Biopiracy and Bioprospecting
• Plant Breeders’ Rights
• Pharmaceutical Patents and Access to Essential Medicines in Developing Countries.
• Intellectual Property Rights in the Fashion Industry

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When choosing a topic in intellectual property law, make sure your selection is based on your interests.

As an intellectual property rights law student, there are many areas you might base your thesis or dissertation on. For example, a copyright lawyer can defend the rights of creative works, a patent lawyer can provide lawful protection for inventors, and a trademark lawyer can assist with the protection of trademarks.  You could also investigate rights related to plant varieties, trade dresses, and industrial designs.

Dissertations take a lot of time and effort to complete. It is essential to seek writing assistance if you are struggling to complete the paper on time to ensure you don’t end up failing the module.

ResearchProspect is an affordable dissertation writing service with a team of expert writers who have years of experience in writing dissertations and are familiar with the ideal format.  P lace your order now !

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How to find intellectual property law dissertation topics.

To find Intellectual Property Law dissertation topics:

• Study recent IP developments.
• Examine emerging technologies.
• Analyse legal debates and cases.
• Explore global IP issues.
• Consider economic implications.
• Select a topic aligning with your passion and career goals.

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Will Our Partner Steal Our IP?

• Willy C. Shih
• Jyun-Cheng Wang
• From the January–February 2013 Issue

Collaboration Rules

• Philip Evans
• From the July–August 2005 Issue

Generative AI Has an Intellectual Property Problem

• Juliana Neelbauer
• David A Schweidel
• April 07, 2023

Why Companies Shouldn't Be Allowed to Treat Their Diversity Numbers as Trade Secrets

• Jamillah Bowman Williams
• February 15, 2019

What the Rise of Russian Hackers Means for Your Business

• Michael Sulmeyer
• May 12, 2017

Industrial Espionage Is More Effective Than R&D

• Erik Meyersson
• Curt Nickisch
• From the November 2016 Issue

Treat Employees like Adults

• Frank Furedi
• From the May 2005 Issue

License to Overkill (HBR Case Study and Commentary)

• Paul F. Nunes
• Grant McCracken
• Timothy Rothwell
• Bill Griffith
• From the December 2002 Issue

Will Our Partner Steal Our IP? (Commentary for HBR Case Study)

• Mats H. Olsson
• January 01, 2013

The Dangers of Modularity

• Lee Fleming
• Olav Sorenson
• From the September 2001 Issue

Discovering New Value in Intellectual Property

• Kevin G. Rivette
• Henry R. Nothhaft and David Kline
• From the January–February 2000 Issue

Connect Inventors with the Right Problems

• Robert Litan
• April 01, 2015

Pirates Inside

• Leigh Buchanan
• From the March 2006 Issue

Can You Patent Your Business Model?

• Andrea Ovans
• From the July–August 2000 Issue

What? Me, Worry?

• Gardiner Morse
• From the November 2005 Issue

Can Science Be a Business?: Lessons from Biotech

• Gary P. Pisano
• From the October 2006 Issue

Hedging Political Risk in China

• Ian Bremmer
• Fareed Zakaria
• From the November 2006 Issue

Blockchain Could Help Artists Profit More from Their Creative Works

• Don Tapscott
• Alex Tapscott
• March 22, 2017

Open-Market Innovation

• Darrell K. Rigby
• From the October 2002 Issue

Elon Musk Doesn't Care About Patents. Should You?

• Michael Heller
• James Salzman
• March 04, 2021

The Lingering Cost of Instant Fashion

• Kenneth P. Pucker
• February 27, 2024

Pro Sports Has a Piracy Problem

• Brett Danaher
• Michael D. Smith
• Rahul Telang
• February 14, 2024
• David A. Schweidel

Your Company’s Data Is for Sale on the Dark Web. Should You Buy It Back?

• Brenda R. Sharton
• January 04, 2023

Big Tech Has a Patent Violation Problem

• Paul R. Michel
• August 05, 2022

Elon Musk Doesn’t Care About Patents. Should You?

Is China Actually Stealing American Jobs and Wealth?

• John L. Graham
• Benjamin Leffel
• November 08, 2019

3 Myths About China’s IP Regime

• Dan Prud'homme
• October 23, 2019

When Fandom Clashes with IP Law

• Madhavi Sunder
• July 23, 2019

Why Companies Shouldn’t Be Allowed to Treat Their Diversity Numbers as Trade Secrets

How trade secrets hurt innovation.

• Andrea Contigiani
• David H. Hsu
• January 29, 2019

How the U.S., the EU, and Japan Are Trying to Rein in China's State Capitalism

• Sherman Katz
• November 09, 2018

Patent Trolling Isn’t Dead — It’s Just Moving to Delaware

• Lauren H. Cohen
• Umit G. Gurun
• Scott Duke Kominers
• June 28, 2017

The Uber-Waymo Lawsuit: It Should Be Easy to Poach Talent, But Not IP

• June 09, 2017

How an Airplane Laptop Ban Would Expose Company Data to Espionage

• Luke Bencie
• May 25, 2017

Leading in a World Without Secrets

• Robert D. Austin
• Richard Nolan
• December 02, 2016

What the U.S. Should Be Doing to Protect Intellectual Property

• Dan Breznitz
• Michael Murphree
• January 27, 2016

What Will Best Serve Humanity? Accelerating uses for CRISPR at the Broad Institute

• Amitabh Chandra
• Matthew C. Weinzierl
• Lisa Marrone
• Spencer Lee-Rey
• October 27, 2020

AIDS in Brazil

• Rohit Deshpande
• Ricardo Reisen de Pinho
• February 23, 2006

Bahwan CyberTek in 2018: Developing dt360

• Robert Burgelman
• Sheila Melvin
• November 11, 2018

AKB48: Going Global? (A)

• Juan Alcacer
• Kotaro Sasamoto
• Tee Chayakul
• Mayuka Yamazaki
• June 30, 2017

Marketing New York City

• V. Kasturi Rangan
• Anita Elberse
• April 27, 2006

Chegg, Inc.: Building the Student Hub

• Thomas R. Eisenmann
• Allison M. Ciechanover
• February 05, 2014

Handpresso: From an Innovative Idea to an Alliance Portfolio - Condensed Version

• Henrich R. Greve
• Manuel E. Sosa
• Anne-Marie Carrick
• June 23, 2014

Match and Mismatch: The Wahaha-Danone Dispute

• Barbara Krug
• Stephan Rothlin
• January 01, 2010

Building an Integrated Biopharma Company: Crucell (A)

• Richard G. Hamermesh
• Marianne Van Der Steen
• Susan S. Harmeling
• February 13, 2015

AKB48: Going Global? (B)

A crack in the mug: can starbucks mend it.

• Michael Herriman
• Motohiro Wanikawa
• Ryoko Ichinose
• Shobana Darak
• Yumana Chaivan
• October 23, 2008

Note on Application of the Antitrust Laws to the New Economy: An Analysis of United States vs. Microsoft Corp.

• Constance E. Bagley
• September 20, 2001

Note on the Use of Alliances

• Robert B. Stobaugh
• August 18, 1992

Shamrock Capital: Pricing the Masters of Taylor Swift

• Michael J. Schill
• Kelcie Schofield
• July 27, 2023

Jet Airways (India) Limited - Brand Building and Valuation

• Asheq Razaur Rahman
• D.G. Allampalli
• July 10, 2007

Pastéis de Belém: Turning a Secret Recipe into a Strategic Asset

• Pedro de Faria
• Wolfgang Sofka
• June 27, 2022

A Leader's Guide to Cybersecurity: Why Boards Need to Lead--and How to Do It

• Thomas J. Parenty
• Jack J. Domet
• December 03, 2019

Pokemon: Gotta Catch 'Em All

• Susan Fournier
• November 02, 2000

Priceline.com vs. Microsoft (A)

• Michael J. Roberts
• September 07, 2001

The U.S. - China Trade War

• Alberto F. Cavallo
• Mariana Cal
• February 11, 2019

Opportunity Creation in Innovation Networks: Interactive Revealing Practices

• Sirkka Jarvenpaa
• Liisa Valikangas
• December 15, 2014

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Should trees have publicity rights capturing value from the use of endangered species in advertising, nyt v. openai: the times’s about-face.

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Voluntary Commitments from Leading Artificial Intelligence Companies on July 21, 2023

Tech Companies Agree to Develop Mechanisms for Identifying AI-Generated Works.

Brody v. Fox Broadcasting Co.

Southern District of New York Holds that Fair Use May Be Raised on a Rule 12(B)(6) Motion to Dismiss.

Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith

Jack daniel’s properties, inc. v. vip products llc, of autonomy, sacred rights, and personal marks.

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Navigating the Identity Thicket: Trademark’s Lost Theory of Personality, the Right of Publicity, and Preemption

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Trademark Injury in Law and Fact: A Standing Defense to Modern Infringement

Google llc v. oracle america, inc..

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Intellectual Property

The Renewing American Innovation leads CSIS’s research examining how protecting new ideas and defending those protections can ensure continued economic prosperity and a cohesive global economic order.

Photo: BURIN93/Adobe Stock

Innovation Lightbulb: How Greater Patent Equity Spur U.S. Innovation

Patents are the engine of innovation, but structural rigidities prevent some Americans from considering themselves "inventors." A multifaceted approach is needed to improve patent awareness and confidence, diversify the pool of inventors, and boost U.S. competitiveness.

Newsletter by Julia Yoon — July 26, 2024

Report Launch: The Role of Trust in Advancing Equity in Innovation

Transcript — June 24, 2024

Assessing the Patent and Trademark Office’s Inventorship Guidance for AI-Assisted Inventions

Commentary by Alexander Kersten — June 3, 2024

When AI Helps Generate Inventions, Who Is the Inventor?

Commentary by Andrei Iancu and Rama Elluru — February 22, 2024

Past Events

Biotech Innovation and Bayh-Dole: A Fireside Chat with Gillian M. Fenton

LeadershIP 2024

A Conversation with Rep. Kevin Kiley on U.S. Intellectual Property Leadership

Incentivizing Innovation for National Security

CSIS Renewing American Innovation Celebrates World IP Day

The China Innovation Challenge: A Conversation with Professor Jonathan Barnett

Inclusive Innovation: Challenges and Paths Forward

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Join the CSIS Renewing American Innovation and Invent Together for a report launch that breaks down the role of trust in building a more diverse innovator base in the U.S. 

Event — June 24, 2024

CSIS is pleased to host Gillian Fenton, former president of the Licensing Executives Society, for a discussion on the role of the United States in multilateral institutions. 

The CSIS Renewing American Innovation Project and Invent Together hosted a report launch that breaks down the role of trust in building a more diverse innovator base in the U.S. 

Democracies’ Advantage: Leveraging Innovation Coalitions to Meet the Autocratic Challenge

An autocratic coalition poses a unique challenge to global liberal democratic values. It is vital to recognize, cultivate, and defend the worldwide coalition of innovation leaders that have thrived under the principles of free inquiry and competitive markets. 

Blog Post by Jonathan Barnett — June 20, 2024

An audio version of “Assessing the Patent and Trademark Office’s Inventorship Guidance for AI-Assisted Inventions,” a new commentary by CSIS’s Alexander Kersten. This audio was generated with text-to-speech by Eleven Labs. 

Podcast Episode by Alexander Kersten — June 4, 2024

Accelerating innovation is critical to growing technological competition, and rapid advances in this new technological domain require a clear legal framework and robust patent protection to incentivize and foster innovation.

Informing the Innovation Policy Debate: Key Concepts in Copyright Laws for Generative AI

Many observers expect generative AI to disrupt creative industries (including film and publishing) putting the rules framing copyright—one of the primary legal protections for creative works—under intense scrutiny. 

Blog Post by Julia Yoon and Chris Borges — April 12, 2024

Scholars, policymakers, and industry experts discuss cutting-edge policy issues at the intersection of innovation, intellectual property, and national security.

Event — April 9, 2024

AI advancements will contribute more and more significantly to the invention processes, blurring the lines of inventive contribution and raising the question of whether AI should be considered a joint or perhaps even sole inventor.

Advanced Intellectual Property and Cyberlaw: Researching a Topic

• Topic Selection
• Researching a Topic
• Tips for Research and Writing

Below are some well-known IP and Cyberlaw legal treatises. Search the law library catalog or consult with a Reference Librarian for other suggestions.

Chisum on Patents : a Treatise on the Law of Patentability, Validity and Infringement  on Lexis  

McCarthy on Trademark and Unfair Competition on Westlaw

Nimmer on Copyright: a Treatise on the Law of Literary, Musical and Artistic Property, and the Protection of Ideas available on Lexis 

Milgrim on Trade Secrets  available on Lexis

Law of Computer Technology  on Westlaw

Computer Law: A Guide to Cyberlaw & Data Privacy Law  on Lexis

Law of the Internet  by Delta & Matsuura on Westlaw

Law of the Internet  by Steele, et. al. on Lexis

US Agencies and Congress

• Patent and Trademark Office This link opens in a new window
• Copyright Office
• Library of Congress: Bill and Law Info
• Federal Government Documents from GPO
• Federal Register -- Daily Journal of Fed Agencies
• regulations.gov -- includes Comments TO agencies on proposed regulations Some, but not all, federal agencies accept comments on proposed regulations thru regulations.gov. See agency's Federal Register announcement of proposed rule for submission information.

• Interlibrary Loan Services at Villanova Law Library

Finding Law Review Articles

To find law reivew articles on a topic, consider using these sources:

• Lexis Advance This link opens in a new window Use Lexis Advance to find law review articles by searching directly for articles OR by Shepardizing a case or statute to find articles on that law.

• Intellectual Property Law Commons

IDEA: The Intellectual Property Law Review 's mission is "to be recognized worldwide as the premier intellectual property publication providing practical articles which address new, controversial, and potential developments in intellectual property and related fields."  IDEA's home is the University of New Hampshire School of Law. The following links are from there:

• IDEA: The Intellectual Property Law Review Browse article titles in the current issue or past issues. Links to the full-text are provided.
• IP Mall The IP Mall offers unique IP content reviewed and maintained by the University of New Hampshire School of Law Library. It is a fine collection of IP resources that are not typically available in commercial databases. Search the site OR browse under these topics: Copyright, Patent, Trademarks, or General IP
• CRS Reports on IP, Cyberlaw & Electronic Commerce Congressional Research Services Reports are prepared for members of Congress. Some of these reports are available on the web and the IP Mall has collected those on intellectual property, cyberlaw and electronic commerce. These reports are usually well-researched, balanced, and well written.

Federal Court Dockets

• Bloomberg Law login screen

View federal pleadings under DOCKETS in Bloomberg Law.

Interdisciplinary Sources

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Intellectual property rights: An overview and implications in pharmaceutical industry

Chandra nath saha.

Quality Assurance Department, Claris Lifesciences Ltd., Ahmedabad, Gujarat, India

Sanjib Bhattacharya

1 Pharmacognosy Division, Bengal School of Technology (A College of Pharmacy), Sugandha, Hooghly, West Bengal, India

Intellectual property rights (IPR) have been defined as ideas, inventions, and creative expressions based on which there is a public willingness to bestow the status of property. IPR provide certain exclusive rights to the inventors or creators of that property, in order to enable them to reap commercial benefits from their creative efforts or reputation. There are several types of intellectual property protection like patent, copyright, trademark, etc. Patent is a recognition for an invention, which satisfies the criteria of global novelty, non-obviousness, and industrial application. IPR is prerequisite for better identification, planning, commercialization, rendering, and thereby protection of invention or creativity. Each industry should evolve its own IPR policies, management style, strategies, and so on depending on its area of specialty. Pharmaceutical industry currently has an evolving IPR strategy requiring a better focus and approach in the coming era.

INTRODUCTION

Intellectual property (IP) pertains to any original creation of the human intellect such as artistic, literary, technical, or scientific creation. Intellectual property rights (IPR) refers to the legal rights given to the inventor or creator to protect his invention or creation for a certain period of time.[ 1 ] These legal rights confer an exclusive right to the inventor/creator or his assignee to fully utilize his invention/creation for a given period of time. It is very well settled that IP play a vital role in the modern economy. It has also been conclusively established that the intellectual labor associated with the innovation should be given due importance so that public good emanates from it. There has been a quantum jump in research and development (R&D) costs with an associated jump in investments required for putting a new technology in the market place.[ 2 ] The stakes of the developers of technology have become very high, and hence, the need to protect the knowledge from unlawful use has become expedient, at least for a period, that would ensure recovery of the R&D and other associated costs and adequate profits for continuous investments in R&D.[ 3 ] IPR is a strong tool, to protect investments, time, money, effort invested by the inventor/creator of an IP, since it grants the inventor/creator an exclusive right for a certain period of time for use of his invention/creation. Thus IPR, in this way aids the economic development of a country by promoting healthy competition and encouraging industrial development and economic growth. Present review furnishes a brief overview of IPR with special emphasis on pharmaceuticals.

BRIEF HISTORY

The laws and administrative procedures relating to IPR have their roots in Europe. The trend of granting patents started in the fourteenth century. In comparison to other European countries, in some matters England was technologically advanced and used to attract artisans from elsewhere, on special terms. The first known copyrights appeared in Italy. Venice can be considered the cradle of IP system as most legal thinking in this area was done here; laws and systems were made here for the first time in the world, and other countries followed in due course.[ 4 ] Patent act in India is more than 150 years old. The inaugural one is the 1856 Act, which is based on the British patent system and it has provided the patent term of 14 years followed by numerous acts and amendments.[ 1 ]

Types of Intellectual Properties and their Description

Originally, only patent, trademarks, and industrial designs were protected as ‘Industrial Property’, but now the term ‘Intellectual Property’ has a much wider meaning. IPR enhances technology advancement in the following ways:[ 1 – 4 ]

• (a) it provides a mechanism of handling infringement, piracy, and unauthorized use
• (b) it provides a pool of information to the general public since all forms of IP are published except in case of trade secrets.

IP protection can be sought for a variety of intellectual efforts including

• (i) Patents
• (ii) Industrial designs relates to features of any shape, configuration, surface pattern, composition of lines and colors applied to an article whether 2-D, e.g., textile, or 3-D, e.g., toothbrush[ 5 ]
• (iii) Trademarks relate to any mark, name, or logo under which trade is conducted for any product or service and by which the manufacturer or the service provider is identified. Trademarks can be bought, sold, and licensed. Trademark has no existence apart from the goodwill of the product or service it symbolizes[ 6 ]
• (iv) Copyright relates to expression of ideas in material form and includes literary, musical, dramatic, artistic, cinematography work, audio tapes, and computer software[ 7 ]
• (v) Geographical indications are indications, which identify as good as originating in the territory of a country or a region or locality in that territory where a given quality, reputation, or other characteristic of the goods is essentially attributable to its geographical origin[ 8 ]

A patent is awarded for an invention, which satisfies the criteria of global novelty, non-obviousness, and industrial or commercial application. Patents can be granted for products and processes. As per the Indian Patent Act 1970, the term of a patent was 14 years from the date of filing except for processes for preparing drugs and food items for which the term was 7 years from the date of the filing or 5 years from the date of the patent, whichever is earlier. No product patents were granted for drugs and food items.[ 9 ] A copyright generated in a member country of the Berne Convention is automatically protected in all the member countries, without any need for registration. India is a signatory to the Berne Convention and has a very good copyright legislation comparable to that of any country. However, the copyright will not be automatically available in countries that are not the members of the Berne Convention. Therefore, copyright may not be considered a territorial right in the strict sense. Like any other property IPR can be transferred, sold, or gifted.[ 7 ]

Role of Undisclosed Information in Intellectual Property

Protection of undisclosed information is least known to players of IPR and also least talked about, although it is perhaps the most important form of protection for industries, R&D institutions and other agencies dealing with IPR. Undisclosed information, generally known as trade secret or confidential information, includes formula, pattern, compilation, programme, device, method, technique, or process. Protection of undisclosed information or trade secret is not really new to humanity; at every stage of development people have evolved methods to keep important information secret, commonly by restricting the knowledge to their family members. Laws relating to all forms of IPR are at different stages of implementation in India, but there is no separate and exclusive law for protecting undisclosed information/trade secret or confidential information.[ 10 ]

Pressures of globalisation or internationalisation were not intense during 1950s to 1980s, and many countries, including India, were able to manage without practising a strong system of IPR. Globalization driven by chemical, pharmaceutical, electronic, and IT industries has resulted into large investment in R&D. This process is characterized by shortening of product cycle, time and high risk of reverse engineering by competitors. Industries came to realize that trade secrets were not adequate to guard a technology. It was difficult to reap the benefits of innovations unless uniform laws and rules of patents, trademarks, copyright, etc. existed. That is how IPR became an important constituent of the World Trade Organization (WTO).[ 11 ]

Rationale of Patent

Patent is recognition to the form of IP manifested in invention. Patents are granted for patentable inventions, which satisfy the requirements of novelty and utility under the stringent examination and opposition procedures prescribed in the Indian Patents Act, 1970, but there is not even a prima-facie presumption as to the validity of the patent granted.[ 9 ]

Most countries have established national regimes to provide protection to the IPR within its jurisdiction. Except in the case of copyrights, the protection granted to the inventor/creator in a country (such as India) or a region (such as European Union) is restricted to that territory where protection is sought and is not valid in other countries or regions.[ 1 ] For example, a patent granted in India is valid only for India and not in the USA. The basic reason for patenting an invention is to make money through exclusivity, i.e., the inventor or his assignee would have a monopoly if,

• (a) the inventor has made an important invention after taking into account the modifications that the customer, and
• (b) if the patent agent has described and claimed the invention correctly in the patent specification drafted, then the resultant patent would give the patent owner an exclusive market.

The patentee can exercise his exclusivity either by marketing the patented invention himself or by licensing it to a third party.

The following would not qualify as patents:

• (i) An invention, which is frivolous or which claims anything obvious or contrary to the well established natural law. An invention, the primary or intended use of which would be contrary to law or morality or injurious to public health
• (ii) A discovery, scientific theory, or mathematical method
• (iii) A mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine, or apparatus unless such known process results in a new product or employs at least one new reactant
• (iv) A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance
• (v) A mere arrangement or re-arrangement or duplication of a known device each functioning independently of one another in its own way
• (vi) A method of agriculture or horticulture
• (vii) Any process for the medicinal, surgical, curative, prophylactic diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products
• (viii) An invention relating to atomic energy
• (ix) An invention, which is in effect, is traditional knowledge

Rationale of License

A license is a contract by which the licensor authorizes the licensee to perform certain activities, which would otherwise have been unlawful. For example, in a patent license, the patentee (licensor) authorizes the licensee to exercise defined rights over the patent. The effect is to give to the licensee a right to do what he/she would otherwise be prohibited from doing, i.e., a license makes lawful what otherwise would be unlawful.[ 12 ]

The licensor may also license ‘know-how’ pertaining to the execution of the licensed patent right such as information, process, or device occurring or utilized in a business activity can also be included along with the patent right in a license agreement. Some examples of know-how are:

• (i) technical information such as formulae, techniques, and operating procedures and
• (ii) commercial information such as customer lists and sales data, marketing, professional and management procedures.

Indeed, any technical, trade, commercial, or other information, may be capable of being the subject of protection.[ 13 ]

Benefits to the licensor:

• (i) Opens new markets
• (ii) Creates new areas for revenue generation
• (iii) Helps overcome the challenge of establishing the technology in different markets especially in foreign countries – lower costs and risk and savings on distribution and marketing expenses

Benefits to the licensee are:

• (i) Savings on R&D and elimination of risks associated with R&D
• (ii) Quick exploitation of market requirements before the market interest wanes
• (iii) Ensures that products are the latest

The Role of Patent Cooperation Treaty

The patent cooperation treaty (PCT) is a multilateral treaty entered into force in 1978. Through PCT, an inventor of a member country contracting state of PCT can simultaneously obtain priority for his/her invention in all or any of the member countries, without having to file a separate application in the countries of interest, by designating them in the PCT application. All activities related to PCT are coordinated by the world intellectual property organization (WIPO) situated in Geneva.[ 14 ]

In order to protect invention in other countries, it is required to file an independent patent application in each country of interest; in some cases, within a stipulated time to obtain priority in these countries. This would entail a large investment, within a short time, to meet costs towards filing fees, translation, attorney charges, etc. In addition, it is assumed that due to the short time available for making the decision on whether to file a patent application in a country or not, may not be well founded.[ 15 ]

Inventors of contracting states of PCT on the other hand can simultaneously obtain priority for their inventions without having to file separate application in the countries of interest; thus, saving the initial investments towards filing fees, translation, etc. In addition, the system provides much longer time for filing patent application in the member countries.[ 15 , 16 ]

The time available under Paris convention for securing priority in other countries is 12 months from the date of initial filing. Under the PCT, the time available could be as much as minimum 20 and maximum 31 months. Further, an inventor is also benefited by the search report prepared under the PCT system to be sure that the claimed invention is novel. The inventor could also opt for preliminary examination before filing in other countries to be doubly sure about the patentability of the invention.[ 16 ]

Management of Intellectual Property in Pharmaceutical Industries

More than any other technological area, drugs and pharmaceuticals match the description of globalization and need to have a strong IP system most closely. Knowing that the cost of introducing a new drug into the market may cost a company anywhere between $ 300 million to $1000 million along with all the associated risks at the developmental stage, no company will like to risk its IP becoming a public property without adequate returns. Creating, obtaining, protecting, and managing IP must become a corporate activity in the same manner as the raising of resources and funds. The knowledge revolution, which we are sure to witness, will demand a special pedestal for IP and treatment in the overall decision-making process.[ 17 ]

Competition in the global pharmaceutical industry is driven by scientific knowledge rather than manufacturing know-how and a company's success will be largely dependent on its R&D efforts. Therefore, investments in R&D in the drug industry are very high as a percentage of total sales; reports suggest that it could be as much as 15% of the sale. One of the key issues in this industry is the management of innovative risks while one strives to gain a competitive advantage over rival organizations. There is high cost attached to the risk of failure in pharmaceutical R&D with the development of potential medicines that are unable to meet the stringent safety standards, being terminated, sometimes after many years of investment. For those medicines that do clear development hurdles, it takes about 8-10 years from the date when the compound was first synthesized. As product patents emerge as the main tools for protecting IP, the drug companies will have to shift their focus of R&D from development of new processes for producing known drugs towards development of a new drug molecule and new chemical entity (NCE). During the 1980s, after a period of successfully treating many diseases of short-term duration, the R&D focus shifted to long duration (chronic) diseases. While looking for the global market, one has to ensure that requirements different regulatory authorities must be satisfied.[ 18 ]

It is understood that the documents to be submitted to regulatory authorities have almost tripled in the last ten years. In addition, regulatory authorities now take much longer to approve a new drug. Consequently, the period of patent protection is reduced, resulting in the need of putting in extra efforts to earn enough profits. The situation may be more severe in the case of drugs developed through the biotechnology route especially those involving utilization of genes. It is likely that the industrialized world would soon start canvassing for longer protection for drugs. It is also possible that many governments would exercise more and more price control to meet public goals. This would on one hand emphasize the need for reduced cost of drug development, production, and marketing, and on the other hand, necessitate planning for lower profit margins so as to recover costs over a longer period. It is thus obvious that the drug industry has to wade through many conflicting requirements. Many different strategies have been evolved during the last 10 to 15 years for cost containment and trade advantage. Some of these are out sourcing of R&D activity, forming R&D partnerships and establishing strategic alliances.[ 19 ]

Nature of Pharmaceutical Industry

The race to unlock the secrets of human genome has produced an explosion of scientific knowledge and spurred the development of new technologies that are altering the economics of drug development. Biopharmaceuticals are likely to enjoy a special place and the ultimate goal will be to have personalized medicines, as everyone will have their own genome mapped and stored in a chip. Doctors will look at the information in the chip(s) and prescribe accordingly. The important IP issue associated would be the protection of such databases of personal information. Biotechnologically developed drugs will find more and more entry into the market. The protection procedure for such drug will be a little different from those conventional drugs, which are not biotechnologically developed. Microbial strains used for developing a drug or vaccine needs to be specified in the patent document. If the strain is already known and reported in the literature usually consulted by scientists, then the situation is simple. However, many new strains are discovered and developed continuously and these are deposited with International depository authorities under the Budapest Treaty. While doing a novelty search, the databases of these depositories should also be consulted. Companies do not usually go for publishing their work, but it is good to make it a practice not to disclose the invention through publications or seminars until a patent application has been filed.[ 20 ]

While dealing with microbiological inventions, it is essential to deposit the strain in one of the recognized depositories who would give a registration number to the strain which should be quoted in the patent specification. This obviates the need of describing a life form on paper. Depositing a strain also costs money, but this is not much if one is not dealing with, for example cell lines. Further, for inventions involving genes, gene expression, DNA, and RNA, the sequences also have to be described in the patent specification as has been seen in the past. The alliances could be for many different objectives such as for sharing R&D expertise and facilities, utilizing marketing networks and sharing production facilities. While entering into an R&D alliance, it is always advisable to enter into a formal agreement covering issues like ownership of IP in different countries, sharing of costs of obtaining and maintaining IP and revenue accruing from it, methods of keeping trade secrets, accounting for IP of each company before the alliance and IP created during the project but not addressed in the plan, dispute settlements. It must be remembered that an alliance would be favorable if the IP portfolio is stronger than that of concerned partner. There could be many other elements of this agreement. Many drug companies will soon use the services of academic institutions, private R&D agencies, R&D institutions under government in India and abroad by way of contract research. All the above aspects mentioned above will be useful. Special attention will have to be paid towards maintaining confidentiality of research.[ 1 – 18 ]

The current state of the pharmaceutical industry indicates that IPR are being unjustifiably strengthened and abused at the expense of competition and consumer welfare. The lack of risk and innovation on the part of the drug industry underscores the inequity that is occurring at the expense of public good. It is an unfairness that cannot be cured by legislative reform alone. While congressional efforts to close loopholes in current statutes, along with new legislation to curtail additionally unfavorable business practices of the pharmaceutical industry, may provide some mitigation, antitrust law must appropriately step in.[ 21 ] While antitrust laws have appropriately scrutinized certain business practices employed by the pharmaceutical industry, such as mergers and acquisitions and agreements not to compete, there are several other practices that need to be addressed. The grant of patents on minor elements of an old drug, reformulations of old drugs to secure new patents, and the use of advertising and brand name development to increase the barriers for generic market entrants are all areas in which antitrust law can help stabilize the balance between rewarding innovation and preserving competition.[ 20 ]

Traditional medicine dealing with natural botanical products is an important part of human health care in many developing countries and also in developed countries, increasing their commercial value. The world market for such medicines has reached US $ 60 billion, with annual growth rates of between 5% and 15%. Although purely traditional knowledge based medicines do not qualify for patent, people often claim so. Researchers or companies may also claim IPR over biological resources and/or traditional knowledge, after slightly modifying them. The fast growth of patent applications related to herbal medicine shows this trend clearly. The patent applications in the field of natural products, traditional herbal medicine and herbal medicinal products are dealt with own IPR policies of each country as food, pharmaceutical and cosmetics purview, whichever appropriate. Medicinal plants and related plant products are important targets of patent claims since they have become of great interest to the global organized herbal drug and cosmetic industries.[ 22 ]

Some Special Aspects of Drug Patent Specification

Writing patent specification is a highly professional skill, which is acquired over a period of time and needs a good combination of scientific, technological, and legal knowledge. Claims in any patent specification constitute the soul of the patent over which legal proprietary is sought. Discovery of a new property in a known material is not patentable. If one can put the property to a practical use one has made an invention which may be patentable. A discovery that a known substance is able to withstand mechanical shock would not be patentable but a railway sleeper made from the material could well be patented. A substance may not be new but has been found to have a new property. It may be possible to patent it in combination with some other known substances if in combination they exhibit some new result. The reason is that no one has earlier used that combination for producing an insecticide or fertilizer or drug. It is quite possible that an inventor has created a new molecule but its precise structure is not known. In such a case, description of the substance along with its properties and the method of producing the same will play an important role.[ 23 ]

Combination of known substances into useful products may be a subject matter of a patent if the substances have some working relationship when combined together. In this case, no chemical reaction takes place. It confers only a limited protection. Any use by others of individual parts of the combination is beyond the scope of the patent. For example, a patent on aqua regia will not prohibit any one from mixing the two acids in different proportions and obtaining new patents. Methods of treatment for humans and animals are not patentable in most of the countries (one exception is USA) as they are not considered capable of industrial application. In case of new pharmaceutical use of a known substance, one should be careful in writing claims as the claim should not give an impression of a method of treatment. Most of the applications relate to drugs and pharmaceuticals including herbal drugs. A limited number of applications relate to engineering, electronics, and chemicals. About 62% of the applications are related to drugs and pharmaceuticals.[ 1 – 24 ]

CONCLUSIONS

It is obvious that management of IP and IPR is a multidimensional task and calls for many different actions and strategies which need to be aligned with national laws and international treaties and practices. It is no longer driven purely by a national perspective. IP and its associated rights are seriously influenced by the market needs, market response, cost involved in translating IP into commercial venture and so on. In other words, trade and commerce considerations are important in the management of IPR. Different forms of IPR demand different treatment, handling, planning, and strategies and engagement of persons with different domain knowledge such as science, engineering, medicines, law, finance, marketing, and economics. Each industry should evolve its own IP policies, management style, strategies, etc. depending on its area of specialty. Pharmaceutical industry currently has an evolving IP strategy. Since there exists the increased possibility that some IPR are invalid, antitrust law, therefore, needs to step in to ensure that invalid rights are not being unlawfully asserted to establish and maintain illegitimate, albeit limited, monopolies within the pharmaceutical industry. Still many things remain to be resolved in this context.

Source of Support: Nil

Conflict of Interest: Nil.

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Intellectual Property Rights: What Researchers Need to Know

Intellectual property rights help protect creations of the mind that include inventions, literary or artistic work, images, symbols, etc. If you create a product, publish a book, or find a new drug, intellectual property rights ensure that you benefit from your work. These rights protect your creation or work from unfair use by others. In this article, we will discuss different types of intellectual property rights and learn how they can help researchers.

Types of Intellectual Property Rights

There are two main types of intellectual property rights (IPR).

• Copyrights and related rights
• Industrial property

Copyrights give authors the right to protect their work.

It covers databases, reference works, computer programs, architecture, books, technical drawings, and others.

By copyrighting your work, you ensure that others cannot use it without your permission.

Industrial property rights include trademarks, patents, geographical indications, and industrial designs.

• A trademark is a unique sign used to identify a product or a service. It can be a single word or a combination of words and numbers. Drawings, 3-D signs, or even symbols can constitute a trademark. For instance, Google is a famous trademark. The trademark application can be filed at national or regional levels depending on the extent of protection required.
• A patent is an exclusive right to an invention that introduces a new solution or a technique. If you own a patent, you are the only person who can manufacture, distribute, sell, or commercially use that product. Patents are usually granted for a period of 20 years. The technology that powers self-driving cars is an example of a patented invention.
• A geographical indication states that a product belongs to a specific region and has quality or reputation owing to that region. Olive oil from Tuscany is a product protected by geographical indication.
• An industrial design is what makes a product unique and attractive. These may include 3-D (shape or surface of an object) or 2-D (lines or patterns) features. The shape of a glass Coca-Cola bottle is an example of the industrial design.

What Do I Need to Know About IPR?

Intellectual property rights are governed by WIPO , the World Intellectual Property Organization. WIPO harmonizes global policy and protects IPR across borders. As a researcher, you rely on the published work to create a new hypothesis or to support your findings. You should, therefore, ensure that you do not infringe the copyright of the owner or author of the published work (images, extracts, figures, data, etc.)

When you refer to a book chapter or a research paper , make sure to provide appropriate credit and avoid plagiarism by using effective paraphrasing , summarizing, or quoting the required content. Remember plagiarism is a serious misconduct! It is important to cite the original work in your manuscript. Copyright also covers images, figures, data, etc. Authors must get appropriate written permission to use copyrighted images before using them in the manuscripts or thesis.

How do you decide whether to publish or patent? Check your local IPR laws. IPR laws vary between countries and regions. In the US, a patent will not be granted for an idea that has already been published. Researchers, therefore, are advised to file a patent application before publishing a paper on their invention. Discussing an invention in public is what is known as public disclosure . In the US, for instance, a researcher has one year from the time of public disclosure to file a patent. However, in Europe, a researcher who has already disclosed his or her invention publicly loses the right to file a patent immediately.

IPR and Collaborative Research

IPR laws can impact international research collaboration. Researchers should take national differences into account when planning global collaboration. For example, researchers in the US or Japan collaborating with researchers in the EU must agree to restrict public disclosure or publication before filing a patent. In the US, it is common for publicly funded universities to retain patent ownership. However, in Europe , there are different options . An ideal collaboration provides everyone involved with the maximum ownership of patent rights. Several entities specialize in organizing international research collaborations. Researchers can also consider engaging with such a company to manage IPR.

What questions do you have about IPR? Have you faced any situation where you need to consider IPR issues when conducting or publishing your research ? Please let us know your thoughts in the comments below.

Wow, I never knew that geographical indication can have a connection to intellectual property if it has distinctions that can be attributed to where it came from. After finishing my master’s degree, I think I’m going to be staying in the academe as a researcher so it’s quite helpful to know more about how the intricacies of IP can affect research. I hope I can one day attend a conference about IP to learn more about its modern day advancements.

I have invented – conceived – a training system. What do I have to do to achieve and retain ownership if I enroll in a university higher degree by research program to develop this idea?

Thank you for sharing your query on our website. Regarding your query, most universities recognize as a general principle that students who are not employees of the university own the IP rights in the works they produce purely based on knowledge received from lectures and teaching. However, there may be some circumstances where ownership has to be shared or assigned to the university or a third party. These include cases when the student is being sponsored by the university, or the project is a sponsored research project or involves the academic staff of the university or university resources. If the training system conceived by you does not involve any of the above mentioned scenarios, ideally you should be able to retain its ownership. For more clarity you can check through the IP rules section of the concerned university.

Please let us know in case of any queries.

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Intellectual Property Rights (IPR): An Overview

Emperor International Journal of Library and Information Technology Research 2021

4 Pages Posted: 14 Jun 2021

Sreeragi R. G.

Velu thampi memorial nair service society college (vtm nss college).

Date Written: June 3, 2021

All tangible and intangible creations of human mind and intellect can be considered as the assets of humanity. These manifestations come under the category of Intellectual Property Rights (IPR). Research and scientific activities trigger the production of intellectual properties in many ways and impetus as a catalyst of the industrial and economic growth of the nation itself. These creations are being protected by law over a significant timeframe. The creation of wide assortment of products is legitimately ensured with the makers themselves. Additionally, it offers opportunity to share and distribute knowledge for the prosperity of the society. To maintain equilibrium, these rights are conceded for a specific period of time. Patents, copyright, trademarks, geographical indicators etc are altogether coming under the umbrella term IPR. In order to get privilege over the innovations, it ought to be filed for granting rights as per the laws exist in the country. The presents study enquires the different categories of intellectual properties and the duration up to which the inventions will be legally secured once registered.

Keywords: Intellectual Property Rights, Industrial and Economic Growth

Suggested Citation: Suggested Citation

Sreeragi R. G. (Contact Author)

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