Empowerment lies in the heart of intellectual property rights encouraging individuals and communities to unleash their imagination, protect innovations and shape the world around us. The power of invention and innovation to alter the course of history is immense. The development of mobile phones is one such example. Without smartphones, today’s world would feel incredibly lacking. In the 1940s, Hedy Lamar developed a frequency-hopping technology that ultimately gave rise to Bluetooth and Wi-Fi wireless communication technologies. She is the person who made smartphones possible, but she never received credit for her innovation nor profited from it during her lifetime. Similarly, everyone is familiar with Charles Babbage, the man who developed the first computer, but only a fraction of the population knows that it was Ada Lovelace who wrote instructions for the first computer program. The gender gap that has long persisted in the realms of innovation and the creative industries is largely to blame. Moreover, a global divide still exists between developed and developing countries due to the lack of technology transfer and less access to knowledge. In this article we will look at how making smart use of IP rights can help smooth out these bumps in the road. 

Empowering innovation and creativity

                                 “The value of an idea lies in the using of it”

  • Thomas Edison

The power of imagination and ingenuity are the engines of progress. The world has transformed drastically through human innovation and creativity. From the conception of an original idea to its marketing, IPR plays a crucial role.

Innovation can be simply said as the process of transforming new ideas into practical applications. Innovation is the key to the production and processing of knowledge. The future of a country depends on its capacity to innovate and transform knowledge into wealth and social benefit. A lot of new ideas are born but to quote Brandt, “Most die a lonely death, never seeing the light of commercial success.” Protecting intellectual property ensures that ground-breaking concepts will not perish in obscurity. By keeping the details of the fresh and inventive ideas under wraps as trade secrets, the possibility of patenting them in the future is maintained. To ensure the competitive edge of the final product, trade secrets are also used during the research and development phase.

When innovations are protected by intellectual property rights (IPR), investors can recoup their R&D costs. Diminished revenues will also dimmish the investment in R&D. For example, without IP protection, biopharmaceutical companies have little incentive to take risks in the R&D process which means less research in cancer drugs, Alzheimer’s cure, etc. During the period of the COVID-19 pandemic, the role of intellectual property in fostering innovation was evident, as it enabled the R&D innovations on vaccines used to combat the virus.

 

 R A Mashelkar, “Intellectual Property rights and third world”, Journal of Intellectual Property, (2022), Vol 7, pp 308-323

 Brandt, J. L., “Capturing innovation: Turning Intellectual Assets into Business Assets”, p66

Breitwieser, Anja; Foster-McGregor, Neil, “Intellectual Property Rights, Innovation and Technology Transfer: A Survey”, wiiw Working Paper, No. 88, (2012), The Vienna Institute for International Economic Studies (wiiw), Vienna, < http://hdl.handle.net/10419/203953> Accessed 10 June 2025.

 

Patents help innovations to overcome the death-valley and protect the inventions which will encourage individuals to invest in R&D knowing their ideas will be safeguarded. The final product is furthermore protected by copyrights, designs and trademarks which secure the rights of innovators and creators, fostering an environment where they can freely express and commercialize their works. IP rights not only empower individuals to define their success but also contribute to the progress of society. For example, patents in green technologies have contributed globally in the fight against climate change, and patents in biotechnologies contributed to the increase in agricultural productivity. 

Innovators won’t take risks without the assurance that their innovations won’t be copied by competitors and their reputations won’t be tarnished. As the world has been attacked by the devastating COVID-19 pandemic, IP protection has allowed entrepreneurs to rise to the occasion. For example, the invention, “Jennie the robotic puppy” which offers companionship in a socially distanced world would not be a reality without strong IP protection. This robotic puppy is scientifically proven to have a significant, positive effect on all aspects of health care, from Alzheimer’s to autism and depression to isolation. This demonstrates the importance of IP rights in fostering innovation and creativity, which in turn paves the way for a more equitable and sustainable future.

Fostering inclusivity and economic growth

Intellectual property rights are not just about legal protection; they are about empowering individuals to the full potential of their ideas and creations. Intellectual property plays a crucial role in enabling economic empowerment and inclusion of individuals and communities particularly those that have been historically marginalized. 

IP acts as a great tool to protect the rich culture and heritage of indigenous communities. It acts as a shield by protecting the marginalized and disenfranchised indigenous people from the exploitation of corporates and non-indigenous people. For instance, IPR acted as a defensive mechanism to protect the Maori culture when in 2001, Lego launched a new range of action figures called the Bioncile which used several Maori words causing serious trivialization of Maori culture, especially when names that have spiritual significance were used. In Open Source Yoga Unity v. Bikram Choudhury, the United States District Court for the Northern District of California observed that it is a misappropriation of Indian traditional knowledge for yoga asana sequences to be copyrighted. In this way, intellectual property aids in the development, maintenance, and control of traditional knowledge and cultural legacy of indigenous people.

Fostering global connectivity through open access, and collaboration

In today’s interconnected world, fostering global connectivity is essential for addressing global challenges. IP bridges the divide between developing and developed countries by facilitating technology transfer and knowledge dissemination. International accords such as the TRIPS Agreement have enabled developing countries to acquire technological

 

 Lorie Graham and Stephen Mc John, “Indigenous Peoples and Intellectual Property”, (2005), Vol 19, WASH. U. J. L. & POL’Y < https://openscholarship.wustl.edu/law_journal_law_policy/vol19/iss1/16 > Accessed 10 June 2025

 Kim Griggs, “Maori Take On Hi-tech Lego Toys”, BBC News, (Sept. 26, 2001),

<http://news.bbc.co.uk/2/hi/asia-pacific/1619406.stm> , Accessed 10 June 2025

2005 U.S. Dist. LEXIS 10440, 2005 WL 756558, 74 U.S.P.Q.2d (BNA) 1434 (N.D. Cal. 2005).

 

knowledge. Article 7 of the TRIPS agreement provides for fair play in technology transfer which is beneficial to developing countries. It states that “the protection and promotion of intellectual property rights should contribute to the promotion of technological innovation and the transfer and dissemination of technology to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare and to a balance of rights and obligations”. Through international accords, Brazil and Malaysia, both middle-income nations, have profited from the surge in local innovations, and countries like India and China which are endowed with a large intellectual infrastructure have become global leaders in innovation and technology. 

IP helps in transferring technology and expertise from developed countries to countries with limited resources through licensing agreements and collaborations. Licenses, patent pools, open-source software, and creative commons enable knowledge transfer and contribute to the growth and development of industries in less-privileged regions. This transfer of knowledge promotes inclusion and empowers the local communities to address their challenges and needs.  

Conclusion 

IPR encourages people of all backgrounds to pursue innovation, protect their creations, and participate in the knowledge economy. The protection of one’s intellectual property is crucial to the development of new ideas and artistic expression in the modern world. By providing incentives and protection for creators, innovators, and inventors, IPR encourages a culture of innovation and stimulates creative expression.

 

R A Mashelkar, “Intellectual Property rights and third world”, Journal of Intellectual Property, (2022), Vol 7, pp 308-323

 Margaret Chon, “Intellectual Property and the Development Divide”, (2006), 27 CARDOZO L. REV. 2821. <https://digitalcommons.law.seattleu.edu/faculty/558> Accessed 10 June 2025

 

by Anina Varghese