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IPR - 24 - Lecture 1

notes of intellectual property rights

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12 views19 pages

IPR - 24 - Lecture 1

notes of intellectual property rights

Uploaded by

singhsabhyata52
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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History of IPR

Dr. Priyanka Priyadarshani


Department of HSSM
NIT,Jamshedpur
Property & Intellectual Property

• Property designates things that are commonly recognized as


possessions of an individual or a group

• Property can be possessed, and can be transferred

• Property has boundaries, which makes it possible to


distinguish property of two individuals

• Public vs. Private property

• Tangible vs. Intangible property

• There is a kind of valuable property that cannot be felt


physically as it does not have a physical form
Concept of Property vis-à-vis Intellectual Property

• Intellectual Property Rights are like any other property rights


allows:
-Creator benefit from their own respective work or investment
in a creation ( Just Like the ownership of car, house or any
private property).
• These rights are outlined in Article 27 of the Universal
Declaration of Human Rights (1948)
• Article 27
1.Everyone has the right freely to participate in the cultural life of the
community, to enjoy the arts and to share in scientific advancement and its
benefits.
2.Everyone has the right to the protection of the moral and material interests
resulting from any scientific, literary or artistic production of which he is the
author.
History of Intellectual Property (IP)
• Evidence of trade marks in Harappan pottery

• Around 500 BC in Sybaris, Greece right were given for a


period of one year to make new dishes

• Around 1300s, in the Alps, people who first identified mines


also dictated the use of surrounding resources

• In 1409 in Germany, special privilege granted to construct


model mill to store grains

• Exclusive rights in England on stained glass, in the USA for


hopper boy
History of Intellectual Property (IP)
• First Intellectual property law emerged in the UK in the era of
Queen Elizabeth in form of royal favors

• Favors were granted to selective individuals that also lead to


creation of monopolies

• Later exclusive rights were regulated under common law and


the Statute of Monopolies enacted in 1623

• Early copyright privileges also existed as monopolies in the


form of letters patent

• With the Statute of Anne 1709, the period of common law-


copyright ended
History of Intellectual Property (IP)
• The Statute of Anne is seen as the origin of copyright law

• The Statute of Monopolies and the Statute of Anne are said to


constitute the origins of modern intellectual property

• Modern intellectual property law evolved according to the past


practices and customs, pre-dominantly based on UK’s
fundamental statutes governing intellectual property
History of Intellectual Property (IP) cont..
• In the year 1883 the Paris Convention brought clarity and cooperation among
international jurisdictions.
• Three years later, the 1886 Berne Convention extended the same protection to
written expressions
• Within half a decade ,the trademarks were also granted international protection
through the Madrid agreement 1891 the Protocol relating to that Agreement,
concluded in 1989.
• United International Bureaux for the protection of Intellectual Property is now
known as WIPO(World Intellectual Property Organization)
• All the nations are following TRIPS 1995
Intellectual Property Rights

• A right refers to a legal entitlement, something that one is


entitled to get legally

• It can be justified, recognized, and can be protected

• The violation of such a right is deemed unlawful, and the


violation of which leaves the person whose right is violated
with a remedy

• Rights broadly used in two sense


i. Sense of a liberty i.e. ability or freedom to do something

ii. Sense of a license i.e right to do something because one has


consent or has been allowed to do certain things
Intellectual Property Rights

• There are also rights that manifest in things beyond the human
being; with in for example, property

• A right of ownership of a property that establishes the good as


being "one's own thing" in relation to other individuals or
groups

• A property right assures the owner right to dispense with the


property in a manner he or she deems fit - whether to use or not
use, exclude others from using, or to transfer ownership

• Property rights offer exclusivity; it means that the owner has a


right to stop people from doing certain acts related to owned
property
The importance of Intellectual Property was first recognized in the Paris Convention
for the Protection of Industrial Property (1883)
Berne Convention for the Protection of Literary and Artistic Works (1886).

Source: https://twitter.com/CopyrightOffice/status/1038754880918380544
• Trade Related Aspects of Intellectual Property Right (TRIPS) is an
agreement on international IP rights.

• TRIPS came into force in 1995, as part of the agreement that


established the World Trade Organisation (WTO).

• TRIPS establishes minimum standards for the availability, scope, and


use of seven forms of intellectual property namely, trademarks,
copyrights, geographical indications, patents, industrial designs,
layout designs for integrated circuits, and undisclosed information or
trade secrets.

• The TRIPS Agreement is also described as a “Berne and Paris-plus”


Agreement.
Intellectual Property Rights

• Exclusive rights are rights, which confer the ability on a person


to stop others from doing things without his consent

• Intellectual property rights do not manifest itself in time and


space in a tangible form

• Intellectual property rights emanate from the intellectual


property which are capable of being protected

• Use or dissemination of the work without the consent of the


owner is violation of the right of the owner

• A violation of a right of right owner is what is called an


intellectual property law as infringement
Intellectual Property Rights

• Study of intellectual property is of significant interest to two


broad domains of study
i. Legal aspect - intellectual property rights are treated as a separate
subject, and it is taught in law schools

ii. Management schools - it figures as a part of an innovation course on


innovation or entrepreneurship or even legal aspects of business

• Perspective of science education and research, where we are


constantly working towards creation of knowledge

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