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IPR Theory Sample

This document provides an introduction to intellectual property rights laws. It defines intellectual property as rights over creations of the intellect that involve exclusive ownership over some tangible property. The document outlines the key attributes of intellectual property rights, including that they are fictional rather than real property, confined to a defined period, and transferable. It discusses the nature and scope of intellectual property rights as rights over skills, ideas, and intellect. The main kinds of intellectual property rights covered are copyrights, patents, trademarks, and designs. The document then lists some benefits of intellectual property rights laws and introduces the labor theory of property as it relates to intellectual property.

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205 views4 pages

IPR Theory Sample

This document provides an introduction to intellectual property rights laws. It defines intellectual property as rights over creations of the intellect that involve exclusive ownership over some tangible property. The document outlines the key attributes of intellectual property rights, including that they are fictional rather than real property, confined to a defined period, and transferable. It discusses the nature and scope of intellectual property rights as rights over skills, ideas, and intellect. The main kinds of intellectual property rights covered are copyrights, patents, trademarks, and designs. The document then lists some benefits of intellectual property rights laws and introduces the labor theory of property as it relates to intellectual property.

Uploaded by

tejasj171484
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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ONLINE CERTIFICATE COURSE ON IPR BY INDIAN LEGAL

SOLUTION IN COLLABORATION WITH JYOTIRMOY


SCHOOL OF LAW

MODULE- I

Introduction to Intellectual Property Right Laws (IPRLs)

Introduction:
• IPR basically means a right pervading some material object.
• It is a creation of intellect and involves a right pervaded in some property of
real nature.
• It is fictional in nature and quite different from formal property.
• Halsbury’s Law define it to be a property which belongs to a person
exclusively of others and can be subjected to bargain and sale.
• It includes goodwill, trademarks, and patents.
• It is a right which involves the intellectual skills of an individual.
• It is a bundle of rights which can be transformed and transmitted.

Attributes of IPR:
• It is a fictional property and not a real property.
• It is a right pervading some material object or real property.
• It is confined or extended to some defined period of its life.
• In certain circumstances it is received even after its transfer to some person.
• It is a saleable and transferable right.
• It is a more valuable right than real property.
• It is protected by different legislations under different statutes.

Nature and Scope of IPR:


• IPR are basically the rights of jus in re propria over intangible things.
• It is a right over the skills, ideas and intellect of a person.
• The scope of IPR is very wide and WIPO (World Intellectual Property
Organisation) includes
1. literary, artistic, scientific trade marks
2. Service marks, commercial names & designations,
3. All other rights resulting from intellectual property in artistic, scientific,
literary or industrial works.

Kinds of IPR:
• The subject matter of IPR is divided in two types:
1. Industrial Property – includes patents, trademarks etc.
2. Literary Property – includes copyrights, broadcasting rights etc.
A. Copyright: Exclusive privilege for printing, multiplying publishing and
selling a literary or artistic work or technical production like a map, blue
print, or sound recording, musical work etc.
B. Patents: Exclusive right granted to inventor or discoverer to make, sell or
use his inventions or discoveries.Its characteristic lie in the power of
excluding others if patentee doesn’t wish to use the patent himself. Some
important features of Patents are:
(i) It is a license granted by the state.
(ii) It is granted as to some invention to the applicant who claims for it.
(iii) It is an exclusive right conferred upon a person for a limited or
specified time.
(iv) The license is a protection to use the invention ass a monopoly of the
person.
C. Trademarks: Any mark, symbol, pattern or any other devices with or
without words, affixed to goods offered whereby the goods of a
manufacturer can be at once distinguished from similar goods are known
as trademarks. Generally trade name is used under which a person or a
firm transacts his business whether or not in proper or less fanciful name
of the product or services.
D. Designs: Basically means a right which connotes the features or outward
appearance of the article and implies shape, configuration, and pattern
and must relate to an article and must be novel and original.

Benefits of IPR:
• The interests of the individuals who won any intellectual property are
safeguarded from undue exploitation and encroachment, infringement or
violation thereof by virtue of IPR Laws.
• The role of investors are recognised and encouragement is forwarded to
them for continuing researches in their respective fields in order to make
advancement in their work.
• Protection of intellectual property has contributed more and more to the
growth and development of various kinds of industries in states and
international level.
Philosophies of IPR:
• Labour Theory:
➢ The labour theory of property is a natural law theory.
➢ It states that the property originally comes into effect by the exertion of labour
upon the natural resources.

To be continued…

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