Introduction
Creativity drives progress. However, many creators find that protecting their work is not straightforward. IP (intellectual property) laws are intricate, and legal seals and international state protection costs a lot. This prevents many people from ever considering IP.
CreaFREE solves this problem. It democratizes access by providing a free tutorial for a CreaBOOK. This enables creators to protect their creative ideas right from the very beginning through a private patent, called CreaBOOK. The CreaFREE Ecosystem enables them to gradually improve their initial private patent and turn it into a Sovereign CreaBOOK, which is today the highest degree of IP protection.
This blog will articulate the challenges of intellectual property in India and how CreaFREE makes it easy for all startups to obtain worldwide IP.
The Barriers in India
Many creators refuse to communicate about their innovations. They worry someone will steal their ideas. Intellectual property law exists to thwart this. However, these laws are not made for startups and most of them cannot use them.
- Ignorance — many legal startups, advisers and incubators know little about author rights.
- Complicated legalese – IP laws are complex and difficult to explain because they are the result of several historical layers.
- High costs — International protection is not accessible to small and medium enterprises because their costs are astronomic.
- Low defense – Even if one has patents, lawsuits are very expensive and can last a very long time.
Venture capitalists mainly invest in startups that can guarantee their return on investment (ROI) through IP. The majority of startups cannot pay to obtain international protection. Most startups do not receive the funds necessary to finance their development to put their innovations on the market.
The IP costs give big multinational companies a monopoly to direct technical progress. The barriers against innovation explains why positive progress does not meet the challenges of our time.
IP Protection for India
Creativity today flourishes in India. Every day, writers, artists, designers, and startups bring new ideas on the Internet. However, the state of intellectual property in India is still fraught with many problems.
Most Indian creators do not register their creative work. Many don’t know the important rights offered by international treaties. Many successful startups expatriated to become unicorns in the USA, which market represents 25% of the world GDP.
Here are some highlights about IP protection in India:
- There has been an uptick in the registration of national trademarks, showing heightened awareness.
- National patents are on the rise, particularly in technology and innovation but they represent less than 1% of the world patents (China 67%).
- The potential of copyrights (author-rights) is neglected.
Though some of these trends are promising, the level of IP remains very low. Creators need, now, a low-cost, simple and efficient way to safeguard their work worldwide.
How CreaFREE helps Creators
CreaFREE implements the ecosystem defined by the Universal standard for intellectual property.
The first tool offered by the ecosystem is a free tutorial enabling every startup to write and timestamp private patents protecting their innovations.
The highest title offered is the Sovereign CreaBOOK. The first private patent can gradually be updated to become a GOLD CreaBOOK, whose value and originality can be certified by a jury composed of the best world specialists.
In the meantime, several tools are provided by the ecosystem to ensure the safety of their property. For example CreaSAFE is a non-disclosure agreement which provides a strong confidentiality to the encrypted annexes of the CreaBOOK while protecting the author-rights of the startup. CreaPAX provides low-cost and efficient resources against counterfeiting products (https://creafree.org/creapax).
How CreaFREE Removes IP Barriers
The CreaFREE Ecosystem removes barriers to innovations through implementing the most fundamental principle which a State of Right must protect. This principle is recognized by human rights international treaties.
The mission of a State of Right is to protect the liberty of each citizen. Freedom opposes the State of Right to the State of Slavery. In a Constitutional State, each citizen owns the product of his laborious or creative works. In a State of right, the legislative or the executive power may not expropriate any citizen except public necessity and prior compensation.
Product of a creative work, any innovation is protected. Article 27 of Universal Declaration of Human Rights, confirmed by its mandatory implementing treaties, proclaims that any scientific, artistic or literary work belongs to its author.
Based on this Article, European Directive on Copyrights 2019/790 justly prosecutes companies publishing on the Internet protected content without the authorisation of its author.
Practical Implementation
The essential role of intellectual property is to protect the rights of the authors on their creations.
Practically, it lacks operational tools to fulfill its mission. This is the reason why the Word creators Society (WcS) was created. Its mission consists in implementing the rights of the author and to remove the barriers that block startups’ innovation. Few investors accept to finance innovations which do not have a guaranteed return by IP in case of success.
Founded in 2013 by a group of creators and experts, WcS designed the “Universal Standard of Intellectual Property” (CreaFREE Standard). The ecosystem implementing the Standard provides:
- A title protecting all the moral and material rights of the startups on its creative works (structure, name, integrity, pitching, strategy).
- A process to enforce these rights through timestamping and publication.
- A process to certify the value of the private patent thanks to examinations made by accredited experts.
- A system to efficiently dissuade copiers from infringing the certified titles.
- Several other tools such as the ROI Multiplier which values the creation at each stage of research and development (RD).
Access to Finance
High costs prevent most creators from obtaining IP protection. The costs for national application, delivery and international extension of one patent are over €100,000.
Nevertheless, thanks to Berne’s convention, intellectual property is no longer reserved to big companies only. Writing and timestamping a first private patent is free. To register and publish this patent on the World creations Register of WcS costs only €49. The conformity examination can be made at the request of the startups according to the CreaFREE Standard. The certification cost is €449.
The material and moral rights attached to the private patent last for the lifetime of the creator plus at least 50 years after his death. Like any book, this title is protected in 170 countries.
Proof of Property
A patent or a trademark is not delivered by the State Office to the creator but to the first applicant. The examination made by the office is not guaranteed by the government. Any infringer may argue before a judge that the title is invalid because the applicant is not the true creator of the innovation.
Ordinary copyrights are also delivered to the first applicant. The adage "Possession is title" is a mere presumption. The fact that somebody owns a creative work does not prove that he is the genuine proprietor. Titles demonstrating that their authors are the originators provide superior evidence.
CreaFREE standard requires the writer of a CreaBOOK to prove that he is the original author of the protected content. For this reason, the GOLD CreaBOOK certified original by the best world specialists offers a superior protection to any other existing property title.
Why Does Every Creator Need IP Protection?
Creators spend a lot of time and effort creating their content and ideas. In many cases, their ideas are replicated and taken without permission. This results in high monetary losses and weakened private initiative.
The rationale of IP is to recognize what belongs to the (satya) creator.
Intellectual property is a prized asset that guarantees return on investment (ROI). It pays back the RD invested in innovation. A protected idea can be licensed, sold, or used as the foundation for a business venture.
Without IP, private initiative cannot collect the finance to answer the public challenges of our time. We now live in a global world. Important funds are necessary for the startups to scale their production and marketing.
As content is shared globally, safeguards beyond borders are necessary. CreaFREE is the perfect intellectual property security for 170 countries in the Berne Convention. It is registered globally so that its rights can be enforced everywhere.
Law Barriers for Startups in India
Various laws govern the startup world in India, but many of them act as roadblocks instead of providing support. They prevent the adaptation and renewal needed by the economy.
Intellectual Property Laws: The Patents Act of 1970, the Copyright Act of 1957, and the Trade Marks Act of 1999 require long registration processes and high legal fees. Many startups lack the funds to protect their intellectual property adequately, and thus, their ideas are often at risk. Most of the global market concerns innovations. More than 70% of the products present on the market today did not exist 20 years ago. At present India only represents 3,7% of the world GDP.
Companies Act, 2013: This law imposes on Startups complicated registration and ongoing reporting. For many small businesses, these requirements are challenging to fulfill. Many startups have an existence without being registered statutes. What is most important for them is the registration of the asset of the startup: its innovation.
The Indian legislation is inherited from the British Empire. It is not well adapted to present Indian needs.
CreaFREE as a Gamechanger
CreaFREE offers startups free, unconditional and instant IP. It removes all the old barriers. This is security worldwide (based on Berne Convention) so that the creator can focus on strategic development rather than worrying about bureaucracy, legal and financial threats.
CreaFREE enables creators to enhance their CreaBOOK as their research develops. They can begin with a simple free BASIC CreaBOOK and later evolve into A GOLD CreaBOOK which originality is certified. It ensures that several creators have a gradual access to sovereign titles. All benefit from this potential title.
CreaFREE Ecosystem plans to introduce in India many changes in the economic game:
- Prevent unicorns and startups offshoring: any startups receiving support from a public institution can be requested to mortgage its CreaBOOK so that its main center of research will not leave the country or region.
- Promote Created in India: procurements can recognize the exclusivity of author rights serving the interest of public policies.
- Reverse destructive progress trends: only CreaBOOK including ethical charter protection can be certified.
FAQ’s
What is the importance of intellectual property protection?
Intellectual property protection stops people from copying or taking advantage of what you made. It provides full ownership and control to the creators.
How CreaFREE can help with intellectual property in India?
CreaFREE Introduces Instant Protection With Free CreaBOOK, Breaking down legal and financial barriers for creators. It protects IP in 170 nations via the Berne Convention.
Can I modify my CreaBOOK based on my work progress?
Creators have the option to continuously upgrade their CreaBOOK to a Sovereign CreaBOOK, which provides the strong world property protection and enhanced financial ROI attached to princeps or quasi-princeps innovations.
Is CreaFREE an improvement over traditional intellectual property laws?
Yes, it’s fast, affordable and eliminates expensive legal hurdles, so intellectual property protection is available to everyone (women and women; poor and rich).