Intellectual Property Rights

(IPR)
P K Panda
Awareness of creating IP
Ownership is essential
Conversion into mass production
Threat from unethical practitioners
Making a statement about you as a innovator
or creator
Why publish a paper
this is essential if science is to progress;
 ideal and legal protection of intellectual
property;
gaining reputation;
thinking in economic measures, ‘sale to
achieve high prices’ may be transformed to
‘publish to achieve many citations’ (economic
theory of science).
Origin of IPR
 World Intellectual Property
Organization (WIPO) is one of the
17 specialized agencies of the
United Nations.

WIPO was created in 1967

What is Intellectual Property?
Ownership of intangible information
This term includes all rights resulting from
intellectual activity in the industrial, scientific,
literary, or artistic fields.
Intellectual property casts information as being
subject to entitlements. It is a legal framework
that enables information to be owned, and hence
allows the owner to constrict its use or determine
who uses it.
Copyright is one example of intellectual property,
by which duplication of books, music, artworks,
etc. can incur penalty if performed without the
creator’s, or copyright owner’s, permission.
COPYRIGHT

Copyright is a form of intellectual property and

is concerned with the legal status of
information
Ownership of creative or informational content
allows facts, ideas and artistic or literary works
to be traded.
Information is a recognised asset in itself
rather than an instrument through which we
manage assets (Branscomb, 1994).
Copyright restricts others from copying or
reproducing a product or information
Conceptual frame behind IPR-1
Intellectual Property is predominantly
recognized in the commercial world to
protect the interest of mercantile
community.
Intellectual Property is specially created
and recognized in law inspire of its
monopolistic nature, for a definite period or
for an unlimited period based upon the
nature of the creation.
It is a value-added system in view of the
special intellectual contribution clearly
identifiable whether registered or not.
Conceptual frame behind IPR-2
 Intellectual Property Rights create monopolies and vest the
same in the inventors who can use the economics of scale to
maximize his return. Therefore Intellectual Property Right is
a means of just enrichment of the owner;
 Intellectual Property and ‘Industrial Property’ developed
during the early days of industrial revolution has been
considered synonymous. However, Intellectual Property at
present is considered more comprehensive because Industrial
Property although includes patents, inventions, designs and
trademarks, does not include copyrights over literary works,
artistic works and computer software etc,; and
 The Intellectual Property is mostly intangible like the
copyright, and patent but it manifests ultimately in the form a
tangible property.
Classification of Intellectual
Property:
Intellectual property is divided
into two major branches: (1)
industrial property and (2)
copyright law
The term “intellectual property”
has been given official recognition
by the international community
with the establishment of World
Intellectual property Organisation
of UN.
The concept of Intellectual
Property:
The most important feature of property is
that the owner may use his property as he
wishes and that nobody else can lawfully
use his property without his authorization.
There are certain recognized limits for the
exercise of that right. For example, the
owner of a piece of land is not always free
to construct a building of whatever
dimension he wishes, but must respect
the applicable legal requirements and
administrative decisions.
A summary of Intellectual Property Rights:
The term Intellectual property
includes, in the broadcast sense,
all rights resulting from
intellectual activity in the
industrial, scientific, literary, or
artistic fields.
 List of property
Literary, artistic and scientific works;
Performance of performing artists, phonograms
and broadcasts;
Inventions in all fields of human endeavor;
Scientific discoveries;
Industrial designs;
Trademarks, service marks, and commercial
names and designations;
Protection against unfair competition and; all
other rights resulting from intellectual activity in
the industrial, scientific literary or artistic fields.
Intellectual Property Recognised:
Intellectual Property is
predominantly recognized in the
commercial world to protect the
interest of mercantile community.
Intellectual Property is specially
created and recognized in law in
spite of its monopolistic nature, for
a definite period or for an unlimited
period based upon the nature of the
creation.
From identification to registration
It is a value-added system in view of
the special intellectual contribution
clearly identifiable whether
registered or not.
Intellectual Property Rights create
monopolies and vest the same in the
inventor(s) who can use the
economics of scale to maximize
his/their return.
PATENT IN INDIA
Indian patent act 1911
Patent rights enacted in India
in 1956
Modified in 1970
(More modification followed to
accommodate new situations
and types of copying)
Infringement

If any of the acts specified in Section 14 relating

to the work is carried out by a person other than
the owner or without license from the owner or a
competent authority under the Act it constitutes
infringement of copyright. (Sec.51 of the Act).
The type of acts, which will constitute
infringement, will depend upon the nature of the
work. Secondary infringement such as making for
sale or hire of, exhibition in public by way of trade
of, distribution - infringing copies - is also
prohibited and punishable under the Act.
Problem due to IPR restrictions
To some extent, information is a public resource.
If people cannot gain access to it then their own
ability to innovate and produce, or to discuss and
debate, will be limited.
Business opportunities will be diminished and a
‘democratic deficit’ will ensue.
The ‘information commons’, where the collective
exchange of ideas takes place, can be potentially
confined by legalistic protections that deny access
to information, especially when copyright is
aggressively pursued by big corporations against
private individuals or public educational
institutions.
Large companies have taken advantage of
laws intended to assist independent creators
to gain a market advantage, with the
implication that their ‘ownership’ becomes so
expansive that it restricts the ability of others
to create
Benefits of free access to IP
The free software ‘open source’ movement, integral
to the development of the Internet, was founded on
the principle that innovation required collaboration
and access to information
Ex. . If legal or technological measures had been put
in place to ensure that code or software could not be
used without permission from the creator/owner,
then the development of the Internet would have
been substantially slower.
‘Copyright industries’ or the content industries that
are becoming so important to the world economy
cannot exist
Thank you