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ALIGARH MUSLIM UNIVERSITY

MALAPPURAM CENTRE, KERALA

GCT-1 ASSIGNMENT

In the Subject of
Intellectual property rights
Semester- VII
On the Topic

“Basic Concept Of IPR”

Submitted To Submitted By

Dr. Azmat Ali Vaibhav Teotia

Asst. Prof. RollNo. 18Ballb03

Dept. Of Law (AMUMC). En.No- GJ3957

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TABLE OF CONTENTS

S.No. PARTICULARS P.No.

1 Introduction 3

4
2 Meaning of Intellectual Property
5
3 Need of IPR
6
4 India and IPR
7
5 Nature and characteristics of IPR
8
6 Types of Intellectual Property Rights

➢ Copyright
➢ Industrial Property

7 Conclusion 10
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Introduction

Intellectual property is the creative work of the human intellect and, the right to brain
intellectual property is an invisible and intangible right to a product of a man’s brain. Such as
a new invented product that is property of mind. An intellectual property is at times described
as ‘knowledge goods’.

The main motivation of its protection is to promote the progress of science and technology,
arts, literature and other creative works and to encourage and reward creativity. Nations give
statuary expression to the economic rights of the creators in their creation and to the rights of
the public in accessing those creation. This is instrumental in promoting creativity and
dissemination and application of its result. The economic and technological development of a
nation will come to a halt if no protection is given to intellectual property rights. Therefore the
contribution of intellectual property right is sine quo non for the industrial and economic
development of a nation. The prosperity achieved by the developed the nation is, to a good
extent, the result of exploitation of their intellectual property.

Intellectual property relates to pieces of information which can be incorporated in tangible

objects at the same time in an unlimited number of copies at different locations anywhere in
the world. The property is not in those copies but in the information reflected in those copies.
According to Article 2(viii) of the Convention Establishing the World Intellectual Property
Organisation (WIPO) 1967, intellectual property includes right relating to (i) literary, artistic
and scientific works; (ii) performance of performing artists, phonograms and broadcasts; (iii)
inventions in all fields of human endeavour; (iv) scientific discoveries; (v) industrial designs;
(vi) trade marks, service marks and commercial names and designations; (vii) protection
against unfair competition; and all other rights resulting from intellectual activity in the
industrial, scientific, literary or artistic fields. The intellectual property thus, includes
copyright, trade marks, service marks, geographical indications, patents, utility models, plants
varieties , industrial designs, trade secret, layout design of integrated circuits, etc. Intellectual
property is usually divided into two branches copyright and industrial property.

What are Intellectual Property Rights?

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Intellectual property rights (IPR) are the rights given to persons over the creations of their
minds: inventions, literary and artistic works, and symbols, names and images used in
commerce. They usually give the creator an exclusive right over the use of his/her creation for
a certain period of time.

These rights are outlined in Article 27 of the Universal Declaration of Human Rights, which
provides for the right to benefit from the protection of moral and material interests resulting
from authorship of scientific, literary or artistic productions.

The importance of intellectual property was first recognized in the Paris Convention for the
Protection of Industrial Property (1883) and the Berne Convention for the Protection of
Literary and Artistic Works (1886). Both treaties are administered by the World Intellectual
Property Organization (WIPO).

Need of IPR

The progress and well-being of humanity rest on its capacity to create and invent new works
in the areas of technology and culture.

Encourages innovation: The legal protection of new creations encourages the commitment of
additional resources for further innovation.

Economic growth: The promotion and protection of intellectual property spurs economic
growth, creates new jobs and industries, and enhances the quality and enjoyment of life.

Safeguard the rights of creators: IPR is required to safeguard creators and other producers of
their intellectual commodity, goods and services by granting them certain time-limited rights
to control the use made of the manufactured goods.

It promotes innovation and creativity and ensures ease of doing business. It facilitates the
transfer of technology in the form of foreign direct investment, joint ventures and licensing.

India and IPR

India is a member of the World Trade Organisation and committed to the Agreement on Trade
Related Aspects of Intellectual Property (TRIPS Agreement).India is also a member of World
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Intellectual Property Organization, a body responsible for the promotion of the protection of
intellectual property rights throughout the world.India is also a member of the following
important WIPO-administered International Treaties and Conventions relating to IPRs.

Nature & Characteristics of Intellectual Property Rights

(1) Intangible property

IP does not cover the created physical object but retains the conceptual development behind
the physical object. Intellectual property law does not deal with the material object in which
the works of the mind have represented. The main feature which distinguishes IP from other
types of property is its intangibility

(2) Rights & Duties

IP not only gives rise to rights of ownership but also to duties. In relation to his work/product,
the IP owner has the right to conduct such actions. He is entitled exclusively to produce, copy
the work, market the work, etc. He has a negative right also to rule out the exercise of his
statutory rights for third parties. In this way, IPR law grants the proprietor’s exclusive right to
exclusion.

(3) Creation of Statute

Intellectual property is derived from common law, and it is covered under specific laws.

In accordance with relevant legislation, IPRs are statutory rights. Intellectual property, to put
it differently, is statute formation. The right holder is protected by proposals, technical
solutions or any other knowledge conveyed in a legally acceptable manner and subject in some
instances to registration procedures.

(4) Territoriality

Intellectual property laws are mainly territorial and apply only within the relevant competence.
Although the TRIPS agreement sets the minimum standard in its respective municipal laws for
all nations, the IP laws around the world are not harmoniously united. Full IPRs legislation is
not in effect.
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To order to secure and implement their IPR, developers and inventors of different kinds of IPs
have to comply with their national laws and jurisdictions. The extent of security depends on
the national legislation in question.

Dynamism

The IPR is constantly changing. The IP sector is also developing accordingly, as technology in
all areas of human activities is changing exponentially. In accordance with the demand for
scientific and technological advancement, the scope of its defence is being extended and new
items are being added to the IPRs sector.

Types of Intellectual Property Rights

Earlier intellectual property was divided into copyright and industrial property. Now the term
intellectual property rights is preferred that includes copyright and industrial property. The
TRIPs agreement has also use the expression ‘ intellectual property rights'

(1) Copyright

In India, copyright subsists in (1) original literary, dramatic, musical and artistic works; (ii)
cinematograph films; and (iii) sound recording. Literary work includes computer programme
including databases.

The copyright law generally provides to the owner of copyright the right to reproduce the work
in any material form; to issue copies of the work to the public; to perform the work in public,
or communicate it to the public; to make any cinematograph film or sound recording in respect
of the work; to make any translation of the work; to make any adaptation of the work; etc.

(ii) Industrial property

Industrial property is a kind of intellectual property and thus relates to creations of the human
mind. Such creations are mainly inventions and industrial designs. Inventions are new solutions
to technical problems, and industrial designs are aesthetic creations determining the appearance
of industrial products. Apart from this, industrial property includes trademarks, service marks,
layout-designs of integrated circuits, commercial names and designations, as well as
geographical indications, and protection against unfair competition.
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1. Patents

Patent means exclusive rights granted to a person by the Patent Office to exploit his invention
for a limited period of time. In India, a patent is granted for a period of 20 years. During this
period, the inventor is entitled to exclude anyone else from commercially exploiting his
invention. The exclusive rights of the inventor can be exercised by a person other than the
inventor with the latter’s previous authorization. The person to whom a patent is granted is
known as the patentee.

Before a patent is granted, the patentee has to describe in the patent application, the invention
with such clarity and completeness of all the technical details that anyone having ordinary skill
in the art should by merely reading the description, be able to carry out the invention. In other
words, before a patent is granted, the invention has to be disclosed. The disclosure of invention
provides useful information to the public, which helps in avoiding wasteful duplication of effort
and the multiplication of costs that research aimed at finding solutions to technical problems
can entail.

The grant of patent not only recognizes and rewards the creativity of the inventor but also acts
as an inspiration or catalyst for further inventions which ultimately contributes to the
technological development of a nation.

An invention is patentable only when it is new, involves an inventive step, and capable of
industrial application. After the expiry of the term of patent, it falls into public domain and
becomes public property. Any member of the public can, thereafter use the invention without
previous authorization of the inventor and without paying any royalty to him.

2- Trade marks

A trade mark includes any device, brand, heading, label, ticket, name, signature, word, ter,
numeral, shape of goods, packaging or combination of colours or any combination roof.
According to section 2(1)(2b) of the Trade Marks Act, 1999, a trade mark should be Capable
of being represented graphically and should also be capable of distinguishing the goods and
the service of one person from those of other.
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The trademark law serves two important purposes- (I) it protects the public from confusion and
deception by identifying the source or origin of particular product as distinguished from other
similar products; (ii) it protects the trademark owner’s trade and business as well as the
Goodwill which is attached to its trademark. The main function of a TM are identification of
goods and identification of source and indication about the quality of goods and advertising.

3- Geographical indication

It is a name or sign used on certain products which corresponds to a geographic location or

origin of the product, the use of geographical location may act as a certification that the product
possesses certain qualities as per the traditional method. Darjeeling tea and basmati rice are a
common example of geographical indication. The relationship between objects and place
becomes so well known that any reference to that place is reminiscent of goods originating
there and vice versa.

It performs three functions. First, they identify the goods as origin of a particular region or that
region or locality; Secondly, they suggest to consumers that goods come from a region where
a given quality, reputation, or other characteristics of the goods are essentially attributed to
their geographic origin, and third, they promote the goods of producers of a particular region.
They suggest the consumer that the goods come from this area where a given quality, reputation
or other characteristics of goods are essentially attributable to the geographic region.

It is necessary that the product obtains its qualities and reputation from that place. Since those
properties depend on the geographic location of production, a specific link exists between the
products and the place of origin. Geographical Indications are protected under the
Geographical Indication of Goods (Registration and Protection) Act, 1999.

4-Industrial design

It is one of the forms of IPR that protects the visual design of the object which is not purely
utilized. It consists of the creation of features of shape, configuration, pattern, ornamentation
or composition of lines or colours applied to any article in two or three-dimensional form or
combination of one or more features. Design protection deals with the outer appearance of an
article, including decoration, lines, colours, shape, texture and materials. It may consist of
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three-dimensional features such as colours, shapes and shape of an article or two-dimensional

features such as shapes or surface textures or other combinations.

5-Plant variety

A new variety of plant breeder is protected by the State. To be eligible for plant diversity
protection, diversity must be novel, distinct and similar to existing varieties and its essential
characteristics under the Plant Protection and Protection Act, 2001 should be uniform and
stable. A plant breeder is given a license or special right to do the following in relation to
different types of promotional material:

Produce and reproduce the material

Condition the material for the purpose of propagation

Offer material for sale

Sell the materials

Export the materials

Import the materials

The stock of goods for the above purposes

Typically, countries are protecting new plant varieties through the Sui Genis system. The
general purpose of conservation is to encourage those who intend to manufacture, finance, or
exploit such products to serve their purpose, particularly where they otherwise do not work at
all.

The enactment of the Protection of Plant Varieties and ‘Farmers’ Rights Act 2001 is an
outcome of the India’sIndia’s obligation which arose from article 27(3)(b) of the TRIPs
Agreement of 2001 which obliges members to protect plant varieties either by patents or by
effective sui generic system or by any combination thereof India declined to protect plant
varieties by a sui generis law, i.e. the Plant Varieties Act.
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Conclusion

The nation’s new wealth is intellectual property. The main focus in property case law has
moved from tangible to incorporeal. The nation’s new wealth has emerged as intellectual
property rights. These are monopoly rights that grant temporary privileges to their holders for
the exclusive exploitation of income rights from cultural expressions and inventions. There
must be good reasons for a society to grant such privileges to some of its individuals, and so
proponents of these rights provide us with three widely accepted justifications to protect
today’s inter-global intellectual property rights.

Different forms of IPR demand different treatment, handling, planning and strategies, and
individuals’ engagement with different domain knowledge such as science, engineering,
medicine, law, finance, marketing, and economics. Intellectual property rights (IPR) have
social, economic, technical and political implications. Leading rapid technology, globalization
and fierce competition to protect against infringement of innovations with the help of IPRs
such as patents, trademarks, service marks, industrial design registrations, copyrights and trade
secrets. But there is still a violation of intellectual property rights. The government is also
taking measures to stop them. There are laws regarding the prevention of infringement of
intellectual property rights.