L351
Unit-1
COPYRIGHT AND DESIGNS LAW
✓ Origin and Development
Intellectual Property
• “Intellectual Property” is an intellectual work,
produced by the intellect of human brain.
• A person enjoys exclusive rights with respect
to his intellectual Property which he has
created by the intellect of his brain.
History
• Prior to the General Agreement on Tariffs and
Trade (GATT), the Intellectual Property and its
related rights were not a subject, to any
international trade negotiations.
• There’s a long history of the Intellectual
Property, which is way complex but, also
fascinating.
History Continues
• It is traced all the way to 500 BCE, when
Sybaris, a Greek State made it possible for the
citizens of their state, to obtain a patent for
one year, for “any new refinement in luxury”.
• Since, then we can conclude that Patent,
Copyright and Trademark laws have become
more complicated over the centuries but, the
intent remains the same.
• The Rights to Intellectual property is inserted
in the United Nations Declaration for the
Right of Indigenous People (UNDRIP).
• Particularly, the Article 27 of the
UNDHR states that everyone has the right to
protect the material and moral interests, that
are the results of any scientific, artistic or
literary production of an author.
• The Convention Establishing the World
Intellectual Property Organization (WIPO
Convention) (1967), concluded in Stockholm
provides, under its Article 2 (viii) that the IP
shall include rights relating to fields like
scientific discoveries, industrial designs,
literary and artistic works etc.
• The laws and legislation procedures relating to the IPR
have their roots in Europe. The trend of Patents started
in the 14th Century, they were technologically less
advanced than England.
• However, the first ever known Copyrights appeared to
be in Italy where, Venice was considered the cradle of
Intellectual Property systems.
• While, the Patents are about 150 years old concept, as
first introduction was based on, the British Patent
System. To foster creativity and to ensure the
possibility for the inventor to make benefits of their
creativity.
Regime of IPR
• Intellectual Property is a strong tool to protect
investment, time, money, efforts invested by
the inventor or creator of the intellectual
Property.
• Trade related Aspects of Intellectual Property
law (TRIPs) for the first time creates a
multilateral framework for enforcement of all
IPRs.
Origin of Intellectual Property
Examples of IPR in Ancient India
Evolution of IPR
Evolution continues – Patent
Evolution continues
• World Intellectual Property (WIPO) in
Stockholm Diplomatic Conference in 1967.
Evolution continues- Trademark
Evolution continues- Copyright
IPR Policy
• Apart, from the initiatives of Government for training
judicial officers in matters such as IPR matters, the laws are
also, updated and amended to provide the efficient speedy
trials to the citizens.
• Like in India, The Cell for IPR Promotion and Management
(CIPAM), which is a government body works with WIPO and
the National Judicial Academy (NJA), India, for organizing
training sessions and sensitization programes on IPR’s for
the High Court and District Court judges.
• Thus, ensuring that the law system has a greater
understanding on matters like IPR and its assertion in the
society.
IPR policy 2022
• The National Intellectual Property Rights (IPR)
Policy, (12th May, 2016) was a vision project of
Indian government, to guide the future
developments of the Intellectual Property and
its Rights in the country.
• It seemed to place an institutional mechanism
for implementation and monitoring of
developments in global as well as national
IPR’s.
“Creative India; Innovative
India: रचनात्मक भारत; अभभनव भारत”
International Intellectual Property
Index 2022
• Recently, India has improved its overall
International Intellectual Property (IIP) score
from 38.4% to 38.6%, and the country is
ranked 43rd out of 55 countries on
the International Intellectual Property Index.
India’s Score
