Challenges faced by Women in Protecting Intellectual Property Rights

  • Merlin Johns
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  • Merlin Johns

    Student at Government law college, Ernakulam, India

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Abstract

Intellectual property includes ideas, creations, inventions, artistic and literary works. Major forms of intellectual property protection consists of patent, trademark, copyright and trade-secret. IP can be bought, sold, licensed or given away. IP rights are enshrined in Article 27 of the Universal Declaration of Human Rights of 1948. Only 16 percent of patent applications are filed from women, the remaining is from men. There are certain problems faced by women in protecting IP rights. Some of them are Gender bias, Financial constraints, Lack of IP education and awareness, Lack of representation. These challenges needs efforts for promoting gender equality and also inclusiveness in the field of IP. The practice of IP law and management is its own profession for the reason it requires specialized training. Most of the creations and ideas made by women are not protected under the category of intellectual property for the main reason, of long procedures involved and also unaware of the legal side of IP. Closing the gender gap in IP requires empowering women through education, mentor-ship and support. The purpose of IP rights is to encourage and develop innovation and creativity, which in turns helps to improve the quality of our lives. Women may face difficulties in understanding the intricacies of IP laws, filing applications or in enforcing their rights. Limitations on women’s legal capacity cause a burden on their decision making ability. Striking a balance between work and home is important not only for women but also an equal responsibility of men. For decreasing the gender gap, it is mandatory to create an inclusive environment.

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Article

Information

International Journal of Law Management and Humanities, Volume 7, Issue 1, Page 704 - 711

DOI: https://doij.org/10.10000/IJLMH.116781

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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