Skip to main content

What are intellectual property rights?

 


What are intellectual property rights?

By swatee Shukla

What is intellectual property? There are two types of property one physical and another intellectual. The term intellectual reflects the idea that its subject matter is the product of the mind and the intellect. These could be in the form of patents; trademarks; geographical indication; industrial design; layout design ( topographies) of integrated circuits; plant variety protection and copyright. 

What is the intellectual property right? Rights of an inventor to derive economic benefits from his intellectual property; this right is called intellectual property right IPR. The theory is based on Locke’s labour which aids: ‘any product of labour should belong to me.’ Extending this logic, any product of my intellectual labour is ought to be considered as my property and I should have an exclusive right to use it for my benefit. This concept forms the basis of construing the produce of intellectual labour as property. Intellectual property, protected through the law, like any other form of property can be a matter of trade, which means that it can be owned, bequeathed, sold or brought. The major characteristics that differentiate it from other forms of property are its intangibility and non-exhaustion by consumption. 

The objectives of granting IPR are to enhance the performance level of institutions and give recognition and financial benefit to efforts for creativity. Granting IPR creates competition among researchers and institutions for the quality of research. 

Need of law on intellectual property- the concept of intellectual property is a typical example of ‘legal fiction’. This means that it would not have existed had there not been a law stating that it does. In the absence of intellectual property rights, artists, writers, scientists and other creators of art and pioneers of science and technology will not be able to hold on to the benefits of their intellectual creations. The law aims to release new ideas and advancements into the public domain bridled by reins, in the control of creators. There are different laws, with varying rights and liabilities that cover the different types of intellectual produce. International intellectual property laws are governed by international treaty legislation. As in the era of globalization, with the worldwide internet and the subsequent ability for proprietary data to be copied and appropriated, IP rights need to be protected and regulated at an international level. 

Various laws cover different types of intellectual produce. These laws are copyright law, patent law, trademark law, geographical indication. Copyrights are generally exercised over subjects of literary work; dramatic work; artistic works; sound recordings; cinematographic films. Whereas a patent is a governmental-issued right granted to individuals or groups that protects their original inventions from being made, used, or sold by others without their permission for a set period of time. And a trademark is a distinguishing mark or sign that represents a particular brand or company. This system also seeks to prevent others from using the same mark to ass off their own goods like those made company.  The trademark should be distinctive. 
Labels:

Comments

Post a Comment

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B
Post a Comment
Read more

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske
1 comment
Read more

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree
Post a Comment
Read more