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Introduction To IP

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193 views

Introduction To IP

Uploaded by

Shubham
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Intellectual Property Rights

Geographical
Indications

Trademark

Patent Copyright

Design

03/16/2021 © Dr. Nidhi Buch 1


Concept of Property
• Something that has got commercial value
• Impact of Industrialization and globalization on the concept of
property
• Property means ownership which confers rights on part of the owner
including the possession of the property.

03/16/2021 © Dr. Nidhi Buch 2


Various connotation of Property
• Legal right both Proprietary and personal
• (Rights that an individual enjoys by virtue of personality and certain things that he
I possesses

• Proprietary rights over ones own estate


II

• Proprietary rights in Rem


III & IV • Proprietary rights only in material form.

03/16/2021 © Dr. Nidhi Buch 3


Classification of Property
Incorporea
Corporeal l

Property in
Movable
encumbrances

Property in
Immovable Intellectual
efforts
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Intellectual Property : Genesis
• Human Intellect and Creativity

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Intellectual Property is a combination of human
intellect, skill and labour. Intellectual Property is
intangible having tangible expression.

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It shares many of the same characteristics
associated with real property. Intellectual Property
owner has the right to prevent the unauthorized use
of or sale of the property

03/16/2021 © Dr. Nidhi Buch 7


Rationale of protection of intellectual property
• To reward effort and recognize creative contribution.
• To create Intellectual wealth
• To identify, protect and exploit potentially valuable creative
work.
• To create a better understanding of the various legal rights for
the protection of creative efforts
• To increase the involvement of the human resources in research
and induce them towards being more and more creative
• To ensure that the interests, rights, and responsibilities of all
involved are fairly determined
• To allow for various forms of commercial exploitation of
intellectual property

03/16/2021 © Dr. Nidhi Buch 8


The Emerging Importance of IPR
GROWING
AWARENESS

ECLIPSE OF
NATIONAL
BOUNDARIES

HARMONISATION
OF LAWS

THE NEXT ECONOMY OF


IDEAS

03/16/2021 © Dr. Nidhi Buch 9


The Emerging Importance of IPR
• Our country
• -rich in genetic resources and traditional knowledge
• -we have more or less failed to protect this knowledge
• -The area of management of Intellectual Property Rights (IPRs)
has great significance in the present world of explosive
technological developments.
• -With the rapid growth in diversified fields of technology, with
the new scientific inventions and innovations, IPR protection
and IPR exploitation is the key to globalisation.

03/16/2021 © Dr. Nidhi Buch 11


Forms of IP rights protected in India
• TRADEMARKS : Trademarks Act, 1999 (new)

• PATENTS : Patents Act, 1970 (as amended)

• COPYRIGHT : Copyright Act, 1957 (as amended)

• DESIGNS : Designs Act, 2000

• GEOGRAPHICAL
INDICATIONS : GI Act, 1999 & Certification Mark provisions of the
Trademarks Act

• TRADE SECRETS : No specific legislation but protected under


principles of contract

03/16/2021 © Dr. Nidhi Buch 12

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