View of INTELLECTUAL PROPERTY RIGHTS AND SOCIAL VALUES

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VOLUME: 08, Special Issue 04, (ICESD-2021), Paper id-IJIERM-VIII-IV, June 2021

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INTELLECTUAL PROPERTY RIGHTS AND SOCIAL VALUES

Dr. Sarika Pandey

Assistant Professor, St. Paul Institute of Professional Studies, Indore

Abstract - Intellectual property (IP) refers to the claim of “ownership” in creations of the mind, such as inventions; literary and artistic works; designs; symbols, and names and images used in commerce. Such “property” is protected in law by various means the most well-known of which are patents, utility models, copyright, trademarks, and industrial designs. Without any kind of IP protection, the social function is inherent to any legal rule.

It allows for the rights of individuals to be weighed against competing rights. Being part of a broader legal system, these rights must always be put in context with other rights of equal value and with collective interests. Insisting on the social function of intellectual property rights thus amounts to identifying a need for moderation and balance in their conception and implementation - a need that has sometimes been lost sight of in recent developments.

Therefore, taking into closer consideration the social function of intellectual property rights might help counter and mitigate certain expansionist tendencies in current legislation. In a time when intellectual property rights are facing a serious crisis of legitimacy, the restoration of their social function puts universal ethical principles at the heart of the debate, which can only in the long term contribute to re-establishing their public acceptance.

Keywords: Intellectual property rights, social values.

1. WHAT IS INTELLECTUAL PROPERTY RIGHTS?

Intellectual Property Rights, a most common form of institution we encounter today is the institution of property rights. The significant interests that property rights serve are economic ones: without property rights, individuals cannot participate in a market economy (Hettinger, 1989; Resnik, 2003). However, with recent advances and co modification of knowledge, the world saw the emergence of Intellectual property rights, which is currently being regulated by property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time, Trade Related Aspects of Intellectual Property Rights (TRIPS), World Trade Organization (WTO). Lately property rights have begun to extend „governmental protection of private innovation and creativity‟. It is seen as an owner‟s right to use a good or asset for consumption an/or income generation. The key parameters from the above definitions are – government protection, private innovation and creativity, owner‟s right and income generation, which give the flavor of Intellectual Property Rights (IPR) regime. Patent, geographical indications, trademarks and industrial designs are some of the common form of protection under the IPRs. The most general form of protection of ideas known today is the patents.

2. WHAT IS SOCIAL VALUES?

Social values are a set of moral principles defined by society dynamics, institutions, traditions and cultural beliefs. These values are implicit guidelines that provide orientation to individuals and corporations to conduct themselves properly within a social system.

Values are progressively formed in the lives of people and in corporate culture. They shape society‟s behavior to guarantee adequate coexistence between participants. These values provide the boundaries between what is right and what is wrong, what is permissible, prohibited, illegal, desirable, legitimate or punishable and, the only way they can positively function is by a collective agreement, either explicit or implicit, that clarifies rules in a way that everybody knows and understands the boundaries .in business, social values are essential to maintain healthy relationships between co-workers and between the company and the society.

A company that conducts itself by contradicting well-established social values will encounter severe conflicts that will isolate the business from its consumers and it will surely lead to disappearance, since businesses must act towards developing benefits for society. Governments and laws are normally established to preserve social values through

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enforcement procedures.

The judiciary system and government institutions are therefore created to maintain society‟s proper functioning; the social values are transmitted through socialization, especially at a younger age, through social norms and practices in families, school, and society at large. They are often Operational zed into social norms and practices. Members of a community share "beliefs, values, desires, and norms." Religion, art, `literature, myth, legend, philosophy, art, music, and science all embody these norms, desires, and values. In legitimizing society's normative order, cultural patterns provide the most direct connection between social and cultural structures. Individuals conform to behavioral expectations by socializing themselves with society's values and standards. Exchanging shared value patterns creates unity in every interaction within a social structure. When needs align and desires are grounded in unity, internalized loyalties, and reasons, a society will achieve stability. Often, such agreement exposes economic and political "interlocking interests."

Interests are not self-contained, Social values have a cognitive foundation as well.

Individuals decipher the world by processing data through pre-existing mental constructs that enable them to comprehend the environment and solve problems.

Individuals depend on their "internal models" to view the world in this way. The mental models are 'local,' and they assist people in evaluating transition.

Social values we get our social value data from the World Value Survey. For the meaning variables, we gathered longitudinal data. We claim that longitudinal data provides us with data that covers a greater number of countries through survey waves because social values shift at a slower rate.

Self-determination Principal Component Analysis of three variables is used to construct the autonomy variable. Justifiable – abortion, justifiable divorce, and so forth.

How much power and independence do you have? Individual autonomy is a significant motivator for individuals to pursue property rights that give them individualistic rights, according to us.

Technology Orientation in the Future (FUTECH) to retain their monopoly, developing countries are thought to adhere to strict property rights. We may also infer that a country's negative future orientation towards technology

3. IMPORTANCE OF SOCIAL VALUES

Social values form an important part of the culture of the society they provide the general guidelines for social conduct. Values such as fundamental rights, patriotism, respect for human dignity, rationality, sacrifice, individuality, equality, democracy.

4. WHAT ARE THE BENEFITS OF SOCIAL VALUE?

Maximize the value you can create Involve the people who matter most Gain a competitive advantage, Enhance communications, both internally and externally Gain funding and contracts.

5. EXPLAIN THE IMPORTANCE OF SOCIAL VALUES?

Social Development:- Social Values foster social development also, for instance, several industrialists and charitable institutions have shown generosity and started schools, colleges, hospitals, cultural centers for the benefit of common people.

Social Relations:- Social values like co-operation, tolerance, respect for seniors, etc. tend to improve social ties or relations. When a person extends his hand of co-operation to others, even the enemies will have to check their inimical relations.

Regional Co-operation:- Social Values like co-operation, patriotism, and tolerance can help to mitigate the differences between the regions, states and countries. These three values, if practiced it will promote social and economic development of the nations.

Love, Peace and Happiness: -Values like respect for others, co-operations, tolerance develop a bond of togetherness. As a result, conflicts and clashes get solved through mutual understanding.

Standard of living:- Values of perfection and excellence enables people to develop new methods, process and techniques. As a result, new and better products and services become available in the market. This ultimately led to raising the standard of living.

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6. CONCLUSION

Values shape the way that society behaves, to guarantee a co-existence between the participants in society. Governments and laws are usually put in place to preserve the social values and to enforce the procedure. You need social values in businesses to maintain healthy relationships between co- workers and between the company and society. A company can abide by the social values of society, or it can go against the values of society.

REFERENCES

1. Christopher B. Jessica C. Lai Graber, in International Encyclopedia of the Social & Behavioral Sciences (Second Edition), 2015.

2. G.B. Dinwoodie (ed.), “Intellectual Property Law: Methods and Perspectives”, Cheltenham, UK / Northampton, MA, Edward Elgar, 2014.

3. J. H. Johnson, (“values are general standards and maybe regarded as higher), 2012.

4. DEVASIS CHAKMA (Meaning & Types of Values), Chennai, 2020.