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INTRODUCTION:
Intellectual property Rights (IPR) is a term that describes a number of distinct types of intangible
assets. IP protection allows a rights holder to exclude others from interfering with or using the
property right in specified ways. The main forms of IP are patents, copyrights, trademarks, and
trade secrets. Each type of IP protection is different, varying in the subject matter that can be
covered, timeframe of protection, and total expense. Although some inventions may be covered
by multiple types of IP protection, it is important to consider a number of business and legal
factors before selecting the best protection strategy. Some technologies require strong IP
protection to commercialize, but unnecessary costs can derail bringing a product to market. IP
departments of organizations weigh these various considerations and perform essential IP
protection functions. This primer introduces researchers to the main forms of IP and its legal
aspects.
According to World Trade Organization (WTO), Intellectual 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.
Intellectual property rights are customarily divided into two main areas:

(i) Copyright and rights related to copyright:

The rights of authors of literary and artistic works (such as books and other writings, musical
compositions, paintings, sculpture, computer programs and films) are protected by copyright, for
a minimum period of 50 years after the death of the author.
Also protected through copyright and related (sometimes referred to as “neighboring”) rights are
the rights of performers (e.g. actors, singers and musicians), producers of phonograms (sound
recordings) and broadcasting organizations. The main social purpose of protection of copyright
and related rights is to encourage and reward creative work.
(ii) Industrial property:
Industrial property can usefully be divided into two main areas:
 One area can be characterized as the protection of distinctive signs, in particular
trademarks (which distinguish the goods or services of one undertaking from those of
other undertakings) and geographical indications (which identify a good as originating
in a place where a given characteristic of the good is essentially attributable to its
geographical origin).

The protection of such distinctive signs aims to stimulate and ensure fair competition
and to protect consumers, by enabling them to make informed choices between
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various goods and services. The protection may last indefinitely, provided the sign in
question continues to be distinctive.
 Other types of industrial property are protected primarily to stimulate innovation,
design and the creation of technology. In this category fall inventions (protected by
patents), industrial designs and trade secrets.

The social purpose is to provide protection for the results of investment in the
development of new technology, thus giving the incentive and means to finance
research and development activities.

A functioning intellectual property regime should also facilitate the transfer of

technology in the form of foreign direct investment, joint ventures and licensing.

The protection is usually given for a finite term (typically 20 years in the case of
patents).
While the basic social objectives of intellectual property protection are as outlined above, it
should also be noted that the exclusive rights given are generally subject to a number of
limitations and exceptions, aimed at fine-tuning the balance that has to be found between the
legitimate interests of right holders and of users.
RIGHTS:
I. Right to Exclude:
The “right to exclude” is commonly said to be a central element of the formal structure of
property, and some relatively sweeping claims have been made about its role and effect. A right
to exclude is any right to forbid a use or set of uses of a particular resource by one or more
people; more formally, it is any negative claim-right concerning the use of a discrete
“thing.” The right to exclude is another core component of the right to property. As a general
rule, municipal law permits each person to exclude state actors and private actors from his or her
property.
II. Right to Alienate:
Alienation means transfer of property, such as gifts, sales and mortgages. Alienations have an
added importance in Hindu Law, as, ordinarily, neither the Karta nor any other coparceners
singly, possesses full power of alienation over the joint family property or over his interest in the
joint family property, though under the Dayabhaga School a coparcener has the right of
alienation over his interest in the joint family property.
TYPES OF REMEDIES:
If your intellectual property rights are violated, you need to understand how the relevant laws
work and pursue an appropriate legal remedy. Violations of intellectual property rights could be
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a crime, with those who violated the law potentially subject to imprisonment. Those who are
harmed by the violation could also pursue civil remedies in court, both to stop the infringing
behavior and to obtain damages for losses which result from the intellectual property violation.
The remedies for intellectual property infringement will vary depending upon what type of
intellectual property rights were violated, the extent of the damage, and the legal remedies which
victims of the violation decide to pursue.
a) An injunction is an equitable remedy in the sense that they are not automatically granted
for infringement of IP. They may be temporary or permanent.
b) Accounts for Profit are a type of equitable remedy which is most commonly used in cases
where the parties are in a fiduciary relationship with each other. Here the profit is
surrendered to the host party.
c) Damages as a legal remedy refer to the monetary compensation awarded by the court to
compensate the owner of the property for losses suffered by them as a result of the
wrongful actions committed by another party.

In most cases, victims of an intellectual property violation will file a civil lawsuit in a court of
law. Any criminal proceedings for the violation will proceed independently of a civil case, and
criminal proceedings can be initiated only by government authorities and not by wronged
individuals whose rights were violated, though they can report the violation to the authorities.
To obtain a legal remedy for intellectual property violations, the victim will need to prove a
violation has actually occurred. Defendants could raise different arguments to try to avoid
consequences; including claiming there was no violation because of fair use exceptions. For
example, a copyrighted work could be used in a parody to fall within the fair use exception.
There are many other examples of fair use exceptions, along with other defenses, depending
upon the circumstances. Victims also need to prove the extent of harm from the intellectual
property infringement so an appropriate legal remedy may be determined based on the specifics.

ORIGIN OF INTELLECTUAL PROPERTY RIGHTS:

Intellectual property rights are granted since ancient times in India. During the Harappa
civilization, special marks were identified on the pottery indicating as trademarks. With respect
to global scenario, in 1300s at Alp Mountains, the people who identified the mines for the first
time used to dictate terms on the surrounding available resources like water, wood. In Germany,
in 1409, a special privilege was given in construction of model mill to store grains. In order to
encourage creators, exclusive rights were granted for stained glass in England. An exclusive
right was not granted by English for playing cards as they already existed in the public domain.
In United States, exclusive rights were granted for hopper boy. French have taken a step ahead in
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registration and examination of the intellectual property rights before grant of exclusive rights.
Initially, inventions were kept secret so that it is well protected. As technology developed, as a
matter of national prestige the inventions were Intellectual property rights are granted since
ancient times in India. During the Harappa civilization, special marks were identified on the
pottery indicating as trademarks. With respect to global scenario, in 1300s at Alp Mountains, the
people who identified the mines for the first time used to dictate terms on the surrounding
available resources like water, wood. In Germany, in 1409, a special privilege was given in
construction of model mill to store grains. In order to encourage creators, exclusive rights were
granted for stained glass in England. An exclusive right was not granted by English for playing
cards as they already existed in the public domain. In United States, exclusive rights were
granted for hopper boy. French have taken a step ahead in registration and examination of the
intellectual property rights before grant of exclusive rights. Initially, inventions were kept secret
so that it is well protected. As technology developed, as a matter of national prestige the
inventions were exhibited. In 1867, Germany received the first genuine recognition as an
industrial nation in an exhibition held at Paris. During Vienna exhibition, in 1873, it was the
American who refused to participate in the exhibition to safeguard the intellectual property
creations from German nations. This led to origin of an international understanding as Paris
Convention for protection of intellectual property rights. The convention provided a right of
claiming priority among the countries who are the members of the convention. In Indian context,
in 1856, the Act VI on protection of inventions based on the British Patent Law of 1852 was
established. During this period certain privileges were granted to inventors of new manufacturers
for a period of 14 year. In 1859, the act was modified as Act XV in which making, selling, using
of inventions in India and authorizing others to do so for 14 years from the date of filing the
specification. In 1872, the act was re-named as the Patents and Design Protection Act, in 1883 as
The Protection of Inventions Act, in 1888 consolidated as The Inventions and Designs Act and in
1911 as The Indian Patents and Designs Act. In 1893, to carry out the administrative tasks
relating to intellectual property at the international level, an international organization called
United International Bureaux for the Protection of Intellectual Property (BIRPI) was established
in Berne, Switzerland.

CLASSIFICATION OF INTELLECTUAL PROPERTY RIGHTS:

a) Industrial property legislation is part of the wider body of law known as intellectual
property (IP) which refers broadly to the creations of the human mind. IP rights protect
the interests of innovators and creators by giving those rights over their creations.
b) A patent is an intellectual property (IP) right for a technical invention. It allows you to
prevent others from using your invention for commercial purposes for up to 20 years.
You decide who is allowed to produce, sell or import your invention in those countries in
which you own a valid patent.
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c) An industrial design renders an object attractive or appealing, thus increasing its

marketability and adding to its commercial value.
The design may be three-dimensional based on the shape or surface of the object, or two-
dimensional based on the object’s patterns, lines or colours. Novelty, originality and
visual appeal are essential if an industrial design is to be patented, although these criteria
can differ from one country to another. Its aesthetic features should not be imposed by the
technical functions of the product.
d) Geographical Indications are names associated with goods which identify such goods as
agricultural goods, natural goods or manufactured goods as originating, or manufactured
in the territory of a country, or a region or a locality in that territory, where a given
quality, reputation or other characteristics of such goods is essentially attributable to its
geographical origin. Some examples of GI are Darjeeling Tea, Pochampalli Saree,
Chanderi Saree, Kanjeevaram Silk, Champagne Wine, Scotch Whisky.
e) A layout-design of an integrated circuit refers essentially to the three-dimensional
character of the elements and interconnections of an integrated circuit. An integrated
circuit (IC) is an electronic circuit in which the elements of the circuit are integrated into
a medium, and which functions as a unit. Currently the medium used to create this unit is
a solid semiconductor such as silicon. The circuit is integrated into the piece of silicon,
commonly called a "chip" or a "silicon chip".  The terms "integrated circuit",
"semiconductor" and "silicon chip" are used synonymously as commercial ICs are
usually fabricated from silicon semiconductors.
f) Plant variety protection, also called a "plant breeder's right" (PBR), is a form of
intellectual property right granted to the breeder of a new plant variety. According to this
right, certain facts concerning the exploitation of the protected variety require the prior
authorization of the breeder. The subject matter of trade secrets is usually defined in
broad terms and includes sales methods, distribution methods, consumer profiles, and
advertising strategies, lists of suppliers and clients, and manufacturing processes. While a
final determination of what information constitutes a trade secret will depend on the
circumstances of each individual case, clearly unfair practices in respect of secret
information include industrial or commercial espionage, breach of contract and breach of
confidence.
g) Copyright refers to the legal right of the owner of intellectual property. Copyright law
gives creators of original material the exclusive right to further use and duplicate that
material for a given amount of time, at which point the copyrighted item becomes public
domain.
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