Understanding The Balance Between Traditional Ip Rights and Open Access Initiatives
Contributor: Sakshi Jha
Introduction
The tussle between open access and traditional IP rights is becoming a major issue in the aftermath of the global epidemic. IPR and open access are fundamentally opposed to one another, to the extent that permitting one is detrimental to the other. So, breaking it down and finding a middle ground could be a solution to this problem.
Is Open Access Initiative Really Helpful?
IPR registration largely consists of securing one’s intellectual work for innovations and creative works, indicating its source, and granting the owner limitless ownership over that specific product for a set period. The primary purpose of most open-access initiatives is to assist people and organisations in overcoming hurdles. Furthermore, it assists individuals and organisations in overcoming legal barriers, exchanging and creating information, and tackling global issues.
The project promotes open access sharing and provides instructions on how to disseminate knowledge without prejudice toward any individual or group of individuals. It would also encourage new ideas and solutions to society’s larger problems, as well as create a level playing field for all entrepreneurs and individuals to compete on an equal basis with larger organisations with more resources. As a result, these concepts are meant to encourage and facilitate access to people who might not otherwise be able to purchase them. As can be seen, the fundamentals of open access goes against one of the most fundamental notions of intellectual property rights, which is to protect intellectual property, since the parties seeking legal protection for their intellectual property are primarily motivated by commercial gain.
Below mentioned are a few examples of the above statement.
- Patent
The patent helps to create a framework for sharing protected work without sacrificing commercial rewards such as product sales or licensing payments. An individual can, for example, patent his scientific gadget and subsequently sell it to a large firm. As a result, the company may be able to produce it in large quantities at a reduced cost, cutting the cost to the client. This is a win-win situation for all parties involved. The patent owner profits from the invention, the company sells the goods to the customer, and the customer benefits from a lower price.
- Copyright
Talking about copyrights, these are also for anyone who wants to protect their intellectual property while also protecting their work, such as literary works or movies. To gain advantages, a major percentage of this labour is displayed in front of the public. Without copyright protection, the author’s work could be copied or exploited without remuneration to the creator.
- Trademark
Furthermore, a trademark allows one company’s goods or services to be distinguished from those of another. It also enables a trademark owner to prevent others from utilising his or her trademark. The basic goal of a trademark is to convey information about a product’s origin and quality to assist consumers in making better purchasing decisions. Because a large number of registered marks implies fewer marks are available for others to use in the public domain, it also provides a single owner with monopolistic power. As a result, a trademark may be enormously valuable to a company in addition to its symbolism, prompting some to include it in their valuation. As long as a trademark is in use and the owner can defend it, it is permanently protected. It protects businesses from impersonators who seek to benefit by generating market uncertainty by attempting to replicate a well-known brand.
Prima facie it may be difficult to strike a balance between traditional intellectual property rights and open-access projects, because artists may consider the ramifications of doing something for the greater good, but they are also likely to consider how profitable their innovation may be. However, this convergence has recently been witnessed in the Open COVID Pledge, which has brought the entire world together to battle the pandemic.
Conclusion
Purpose of the committee is to get organisations all across the world to contribute their intellectual property so that we can all work together to defeat COVID. This pledge will eventually aid in the defeat of COVID-19 and benefit all of humanity. Businesses may gain from participating in this promise by developing goodwill and resulting in future commercial benefits.
