ASSIGNMENT

TOPIC: - AN OVERVIEW OF IPR:

Submitted By

MOHAMMAD ZIYA ANSARI

BALLB (HONS)

SEMESTER-VI

ENROLLMENT NO- GI- 6492

FACULTY NO- 17BALLB- 72

1st GCT ASSIGNMENT

Submitted To

Dr Md. Zafar Mehfooz Nomani Sir

Professor, Faculty of Law

Aligarh Muslim University

ALIGARH-202002 (INDIA)
 SYNOPSIS

1- INTRODUCTION.

2- MEANING OF INTELLECTUAL PROPERTY.

3-MEANING OF INTELLECTUAL PROPERTY RIGHTS.

4- NATURE OF IPR.

5-SCOPE OF IPR.

6- THEORIES OF IPR.

7- KINDS OF INTELLECTUAL PROPERTY.

8. NEED FOR SUI GENERIS PROTECTION IN IPR.

9-CONCLUSION.

10- BIBLIOGRAPHY.
 ACKNOWLEDGEMENT

I WOULD LIKE TO EXPRESS A DEEP SENSE OF

THANKS & GRATITUDE TO MY PROJECT GUDIE Dr

MD ZAFAR MEHFOOZ MOMANI SIR FOR GUIDING ME IMMENSELY

THROUGH THE COURSE OF THE PROJECT.

I ALSO THANKS TO MY SENIORS FOR THEIR MOTIVATION &

SUPPORT. I MUST THANKS TO MY CLASSMATES FOR THEIR
TIMELY HELP & SUPPORT FOR COMPLETION OF THIS PROJECT.

LAST BUT NOT THE LEAST, I WOULD LIKE TO THANKS TO ALL

THOSE WHO HELPED ME DIRECTLY OR INDIRECTLY TOWARDS
THE COMPLETION OF THIS PROJECT.

THANKING YOU

MOHAMMAD ZIYA ANSARI

BALLB-3rd Year GI-6492

17BALLB-72
1. INTRODUCTION:
Intellectual Property (IP) deals with any basic construction of human intelligence such as artistic,
literary, technical or scientific constructions. Intellectual Property Rights (IPR) refers to the legal
rights granted to the inventor or manufacturer to protect their invention or manufacture product.
These legal rights confer an exclusive right on the inventor/manufacturer or its operator who
makes full use of it’s his invention/product for a limited period of time.

In other words, we can say that the legal rights prohibit all others from using the Intellectual
Property for commercial purposes without the prior consent of the IP rights holder. IP rights
include trade secrets, utility models, patents, trademarks, geographical indications, industrial
design, layout design of integrated circuits, copyright and related rights, and new varieties of
plants. It is very well settled that IP plays an important role in the modern economy.

2-MEANING OF INTELLECTUAL PROPERTY: -

Intellectual Property can be defined as inventions of the mind, innovations, literary and artistic
work, symbols, names and images used in commerce. The objective of intellectual property
protection is to encourage the creativity of the human mind for the benefit of all and to ensure
that the benefits arising from exploiting a creation benefit the creator. This will encourage
creative activity and give investors a reasonable return on their investment in research and
development.

IP empowers individuals, enterprises, or other entities to exclude others from the use of their
creations. Intellectual Property empowers individuals, enterprises, or other entities to exclude
others from the use of their creations without their consent.

3- MEANING OF INTELLECTUAL PROPERTY RIGHTS: -

The intellectual property right is a kind of legal right that protects a person’s artistic works,
literary works, inventions or discoveries or a symbol or design for a specific period of time.
Intellectual property owners are given certain rights by which they can enjoy their Property
without any disturbances and prevent others from using them, although these rights are also
called monopoly rights of exploitation, they are limited in geographical range, time and scope.

As a result, intellectual property rights can have a direct and substantial impact on industry and
business, as the owners of IPRs one can enforce such rights and can stop the manufacture, use, or
sale of a product to the public. IP protection encourages publication, distribution, and disclosure
of the creation to the public, rather than keeping it a secret and to encourage commercial
enterprises to select creative works for exploitation.

4- NATURE OF INTELLECTUAL PROPERTY: -

Intellectual properties have their own peculiar features. These features of intellectual properties
may serve to identify intellectual properties from other types of properties. Thus, we will discuss
them in brief.

a. Territorial

Any intellectual property issued should be resolved by national laws. Why is it an issue? Because
intellectual property rights have one characteristic which other national rights do not have. In
ownership of intellectual property of immovable properties, issues of cross borders are not
probable. But in intellectual properties, it is common. A film made in Hollywood can be seen in
other countries. The market is not only the local one but also international. If a design in China is
imitated by another person in France which law would be applicable?

b. Giving an exclusive right to the owner

It means others, who are not owners, are prohibited from using the right. Most intellectual
property rights cannot be implemented in practice as soon as the owner got exclusive rights.
Most of them need to be tested by some public laws. The creator or author of an intellectual
property enjoys rights inherent in his work to the exclusion of anybody else.

c. Assignable

Since they are rights, they can obviously be assigned (licensed). It is possible to put a dichotomy
between intellectual property rights and the material object in which the work is embodied.
Intellectual property can be bought, sold, or licensed or hired or attached.

d. Independence

Different intellectual property rights subsist in the same kind of object. Most intellectual property
rights are likely to be embodied in objects.

e. Subject to Public Policy

They are vulnerable to the deep embodiment of public policy. Intellectual property attempts to
preserve and find adequate reconciliation between two competing interests. On the one hand, the
intellectual property rights holders require adequate remuneration and on the other hand,
consumers try to consume works without much inconvenience. Is limitation unique for
intellectual property?
f. Divisible (Fragmentation)

Several persons may have legally protected interests evolved from a single original work without
affecting the interest of other right holders on that same item. Because of the nature of
indivisibility, intellectual property is an inexhaustible resource. This nature of intellectual
property derives from intellectual property’s territorial nature.

5-SCOPE OF INTELLECTUAL PROPERTY: -

The scope of IP rights is broad; two classification modes are used to determine whether IP is
copyright or Industrial Property. Industrial properties include patents or inventions, trademarks,
trade names, biodiversity, plant breeding rights and other commercial interests. A patent gives its
holder the exclusive right to use the Intellectual Property for the purposes of making money from
the invention.

An invention is itself a new creation, process, machine or manufacture. Having copyright does
not give you the exclusive right to an idea, but it protects the expression of ideas that are
different from a patent. Copyright covers many fields, from art and literature to scientific works
and software.

Even music and audio-visual works are covered by copyright laws. The duration of copyright
protection exists 60 years after the death of the creator. In other words, an author’s book is
copyrighted for his entire life and then 60 years after his death. Unlike patent laws, there is no
requirement of the administrative process in copyright laws.

6- INTELLECTUAL PROPERTY THEORIES:

a-THE NATURAL RIGHTS THEORY

In order to justify intellectual property, the natural rights theory considers that everyone has a
natural property right on his ideas. As a matter of fact, the creation comes from the effort and
creativity of its author. The essence of this theory emanates mainly from John Lock’s idea that
an author has a natural right over the productions of their intellectual labour. In other words, this
theory does not make any difference between intellectual property and the traditional tangible
property including the right to use, to exclude others from use and the right to transfer the owned
object. Accordingly, anyone who violates the intellectual right of an author, creator or inventor is
considered to commit a theft.

b-THE UTILITARIAN THEORY

By definition, this theory is based on the fact that the industrial progress and cultural goods have
a beneficial effect on the society. Consequently, in order to promote the inventions and creations,
the titular needs a guarantee that the outcome will be superior to the costs of his work. As a
matter of fact, intellectual rights represent an artificial encouragement from the State for the
production. In short, the incentive theory justifies the intellectual rights because of the profit they
bring for the whole society.

c-THE ETHIC AND REWARD THEORY

This theory justifies the exclusive rights of intellectual property with some moral and ethical
aspect. Indeed, the ethic requires a fair and proportional contribution for the effort that the
creator has made for the social utility. The exclusive rights are “an expression of gratitude to an
author for doing more than society expects or feels that they are obliged to do”.

d-THE PERSONHOOD THEORY

According to this theory, the personality of everyone builds itself in work and creation. The
developing of the personality is inherent to the property right we have. Hegel, who is the main
source of this theory, claims that intellectual rights permit and protect the developing of the
personality, which extends to the material things. In the same way, the copier is considered as a
thief who offers to the public someone else’s spirit.

7- KINDS OF INTELLECTUAL PROPERTY: -

The subject of intellectual property is very broad. There are many different forms of rights that
together make up intellectual property. IP can be basically divided into two categories, that is,
industrial Property and intellectual property. Traditionally, many IPRs were collectively known
as industrial assets.

It mainly consisted of patents, trademarks, and designs. Now, the protection of industrial
property extends to utility models, service marks, trade names, passes, signs of source or origin,
including geographical indications, and the suppression of unfair competition. It can be said that
the term ‘industrial property” is the predecessor of ‘intellectual property”.

Copyright

Copyright law deals with the protection and exploitation of the expression of ideas in a tangible
form. In the modern world, the law of copyright provides not only a legal framework for the
protection of the traditional beneficiaries of copyright, the individual writer, composer or artist,
but also the publication required for the creation of work by major cultural industries, film;
Broadcast and recording industry; And computer and software industries.
It resides in literary, dramatic, musical and artistic works in” original’ cinematic films, and in
sound recordings set in a concrete medium. To be protected as the copyright, the idea must be
expressed in original form. Copyright acknowledges both the economic and moral rights of the
owner.

Patent

Patent law recognizes the exclusive right of a patent holder to derive commercial benefits from
his invention. A patent is a special right granted to the owner of an invention to the manufacture,
use, and market the invention, provided that the invention meets certain conditions laid down in
law. Exclusive right means that no person can manufacture, use, or market an invention without
the consent of the patent holder. This exclusive right to patent is for a limited time only.

Trademark

A trademark is a badge of origin. It is a specific sign used to make the source of goods and
services public in relation to goods and services and to distinguish goods and services from other
entities. This establishes a link between the proprietor and the product. It portrays the nature and
quality of a product. The essential function of a trademark is to indicate the origin of the goods to
which it is attached or in relation to which it is used. It identifies the product, guarantees quality
and helps advertise the product. The trademark is also the objective symbol of goodwill that a
business has created.

Geographical indication

It is a name or sign used on certain products which corresponds to a geographic location or

origin of the product, the use of geographical location may act as a certification that the product
possesses certain qualities as per the traditional method. Darjeeling tea and basmati rice are a
common example of geographical indication. The relationship between objects and place
becomes so well known that any reference to that place is reminiscent of goods originating there
and vice versa.

Industrial design

It is one of the forms of IPR that protects the visual design of the object which is not purely
utilized. It consists of the creation of features of shape, configuration, pattern, ornamentation or
composition of lines or colours applied to any article in two or three-dimensional form or
combination of one or more features. Design protection deals with the outer appearance of an
article, including decoration, lines, colours, shape, texture and materials. It may consist of three-
dimensional features such as colours, shapes and shape of an article or two-dimensional features
such as shapes or surface textures or other combinations.
Plant variety

A new variety of plant breeder is protected by the State. To be eligible for plant diversity
protection, diversity must be novel, distinct and similar to existing varieties and its essential
characteristics under the Plant Protection and Protection Act, 2001 should be uniform and stable.
A plant breeder is given a license or special right to do the following in relation to different types
of promotional material:

-Produce and reproduce the material

-Condition the material for the purpose of propagation

-Offer material for sale

-Sell the materials

-Export the materials

-Import the materials

8- NEED FOR SUI GENERIS PROTECTION IN IPR: -

“Sui Generis” stands for its own kind and includes a set of laws which are nationally recognized
and ways of extending plant variety protection other than through patents. TRIPs themselves do
not define what the meaning of Sui Generis is or should be. One of the main purposes of the sui
generis protection is that the exclusive monopoly granted by the State should enable the real
owners of traditional knowledge to be adequately compensated for their contribution. It also
refers to a law that can protect images contained in construction, inventions, models, drawings,
designs, innovations, figures, emblems, petroglyphs, art, music, history and another traditional
artistic feeling.

One of the main objectives of Sui generis protection granted by that exclusive monopoly of the
State should enable traditional ‘owner’s knowledge for adequate compensation of their
contribution towards economic growth. In general, it refers to a particular form of protection, a
form that is specifically adapted to a specific subject or specific circumstances, which is
specifically made for specific needs, priorities, and reality.

The “effective sui generis system” referred to in Article 27.3 (b) of the TRIPS Agreement is
clearly intended as an alternative to the patent system. In this regard, it is useful to remember that
the UPOV system was also established in 1961, which, as a special type of protection, would
cover only plant varieties and especially adapted plant varieties, instead of the patent system. In
this sense, the UPOV system was already conceived as an alternative to the patent system in
1961 as a Sui Generis protection with different provisions.
The need to Develop a suitable regime in the case of IPR to include traditional medicine
adequate measures for ‘sharing profit”. Codified System and measures of Traditional Medicines
are TKDL (Traditional Knowledge Digital Library) like databases is expected to play a major
role in preventing for bio-theft but non-codified.

Such as regulation of traditional medicine folklore practices, tribal practices etc. New rules are
urgently needed for creating patented ‘and Sui generis” system for the preservation and
promotion of our traditional knowledge Like some national-level programs initiated by the
National Innovation Foundation to enable non-traditional traditional medical practices Identified,
documented, standardized and better used for therapeutic benefits as well as ailing mankind.

9- CONCLUSION: -
Intellectual property rights are monopoly rights that grant temporary privileges to their holders
for the exclusive exploitation of income rights from cultural expressions and inventions. There
must be good reasons for a society to grant such privileges to some of its individuals, and so
proponents of these rights provide us with three widely accepted justifications to protect today’s
inter-global intellectual property rights.

It is clear that the management of IP and IPR is a multi-disciplinary task and calls for many
different functions and strategies that need to be aligned with national laws and international
treaties and practices. It is no longer fully driven from the national point of view.

Different forms of IPR demand different treatment, handling, planning and strategies, and
individuals’ engagement with different domain knowledge such as science, engineering,
medicine, law, finance, marketing, and economics. Intellectual property rights (IPR) have social,
economic, technical and political implications.

Leading rapid technology, globalization and fierce competition to protect against infringement of
innovations with the help of IPRs such as patents, trademarks, service marks, industrial design
registrations, copyrights and trade secrets. But there is still a violation of intellectual property
rights. The government is also taking measures to stop them. There are laws regarding the
prevention of infringement of intellectual property rights.
12-BIBLIOGRAPHY:
a-Asthana Subodh, “All you want to know about Intellectual Property”,
https://blog.ipleaders.in/ipr
description/#:~:text=Introduction,their%20invention%20or%20manufacture%20product.

b-Balew Mersha, “Concept, Scope and Nature of Intellectual Property Rights”,

https://www.abyssinialaw.com/online-resources/study-on-line/item/467-concept-scope-and-
nature-of-intellectual-property-rights.

c-https://www.law-right.com/intellectual-property-theories-are-they-fairly-justified/