Name: Nutan Kharat

Subject: IPR
Sub Topic: Introduction & emergence of intellectual property
KEY: Bold- heading, Italic- criticism/problems

ASSIGNMENT
Property: Something of value that a person owns. Types: Moveable, Immoveable, Intellectual
Intellectual Property: Property produced by using the human intellect. The need to protect
intellectual property includes new inventions, processes, products, and innovations created by a
person. It also includes inputs related to thinking, planning, and fine-tuning new ideas, products, and
processes.
Intellectual Property Rights: “Intellectual Property shall include rights relating to literary, artistic,
and scientific works, discoveries throughout all areas of human endeavor, scientific advances,
industrial design rights, trademarks, service marks, and commercial names and designations,
protection against unfair competition.” - Article 2 of the World Intellectual Property Organization
(WIPO). The key forms of intellectual property protection are patents, copyrights, trademarks and
trade secrets.
Theories of IPR:
I. The natural rights theory
A basic right that a person has is what is meant by the term "natural right." Everyone has a
natural property right on his or her ideas, according to the natural rights principle.
Does not address the time limit on IPR usage, which is time-limited. Permits an innovative to
hold a conceptual notion that may influence future innovators.
II. The utilitarian/incentive theory
The incentive theory is another name for the utilitarian institution, which contends that those
who create intellectual property should get sufficient incentives.
Gives the author financial rewards, but in the end, society benefits from the author's
innovations.
A monopoly is created when exclusive privileges are granted.
III. The ethic & reward theory
According to the Ethics and Reward Theory, the creator of the original work may have
received compensation in the form of royalties or another form of payment, and since he
provided something for "social utility" that would benefit society as a whole, the creator
should receive additional compensation in the form of exclusive legal rights to his novel
production.
The advantages can be acquired by the inventor in the early years, but this viewpoint also
questions whether or not innovators deserve the same rights.
IV. The personhood theory
According to the personhood theory of intellectual property rights, when someone uses labor
to create anything, they also embed some of their personality into the product. A person's
personality development is intrinsic, thus it naturally forms a crucial component of all
creative works.
Although the public domain is a requirement for the work, it is autonomous from its author.

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History of IPR:
I. Paris convention 1883
The 1883 Paris Convention, which covers industrial property in its broadest meaning,
including patents, trademarks, industrial designs, utility models, service marks, trade names,
geographical indications, and the eradication of unfair competition, is still in effect today. The
first significant action taken to assist creators in making sure that their intellectual property
was protected in other nations was this international pact. India became a member on
December 7, 1998.
No minimum substantive standard of patent protection
II. Berne convention 1886
The 1886 Berne Convention governs the rights of writers as well as the preservation of works.
It gives artists, such as writers, musicians, poets, and painters, the power to govern how, by
whom, and under what conditions their works are utilized. It is founded on three fundamental
principles and includes a number of clauses defining the minimum level of protection to be
provided, as well as exceptional measures that developing nations may apply. India ratified on
April 1, 1928
Lack of enforcement mechanism
III. The universal copyrights convention 1952
For nations who disapproved of the Berne Convention but nevertheless desired to take part in
global copyright protection. India became member on January 7, 1988
IV. Marid agreement 1891
The Madrid Agreement, signed in 1891, and the Protocol pertaining to that Agreement,
signed in 1989, set forth the rules for the Madrid System for the International Registration of
Marks. By acquiring an international registration that is valid in all specified Contracting
Parties, the method enables the protection of a mark in a wide range of nations. India joined
the protocol w.e.f. July 8, 2013.
V. Patent Cooperation Treaty (PCT) 1970
Added to the Paris Convention. A consolidated utility application process has been
established. filed with the WIPO in standard form. The common application is processed by
WIPO and sent to the nations chosen by the applicant. The PCT application grants a priority
claim on that invention in all signatory states if at least one of the applicants is a national or
resident of a PCT signatory. India ratified on December 7, 1998.
VI. Agreement on trade-related aspects of intellectual property rights (TRIPS)
The most comprehensive international agreement on intellectual property is the WTO
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (IP). It is
crucial for enabling intellectual property (IP) trade disputes, promoting trade in knowledge
and innovation, and giving WTO members the freedom to pursue their domestic policy goals.
In terms of innovation, technological transfer, and public benefit, it frames the IP system. The
Agreement serves as a formal acknowledgement of the importance of the connections
between IP and trade and the necessity for a stable IP system.
a. Issues governed
Standards- A minimal set of requirements for each category's IPR protection. Clearly identify
the specifics of the protected material, the rights to be given, any potential exclusions from
those rights, and the minimum time frame for protection.
Dispute Settlements- a component of the WTO's integrated dispute settlement system. No
members are permitted to act alone.
Enforcements- Domestic IPR enforcement procedures and remedies All IPR enforcement
actions must abide by the wide guidelines established by the Agreement.

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b. Provisions
Part I: General Rules and Fundamental Ideas (Articles 1 through 8)
Part II deals with the conditions for the availability, extent, and use of intellectual property
rights. (Articles 9 through 40)
The enforcement of IPRs is the main topic of Part III. Between Articles 41 and 61
Part IV: The methods for acquiring and protecting intellectual property rights are covered in
this section. Part V of (Article 62) deals with preventing and resolving disputes brought on by
the Agreement's provisions.
(From Articles 63 to 64)
Part VI: Transitional agreements are covered in this section. (From Articles 65 to 67)
Part VII of the Agreement is concerned with various institutional structures. (From Articles
68 to 73)
c. Advantages
This agreement significantly improved the WIPO-designed and -controlled existing
international legal framework and brought transparency in IP policy to the world's notice. By
creating a clear, rules-based structure for resolving disputes, trade conflicts over intellectual
property issues have been decreased.
d. Disadvantages
High levels of patent protection are required by TRIPS. Due to the lack of patent protection
for fertilizers, pesticides, medicinal products, and processes, cheap food and medications were
possible. The absence of copyright protection for informational items promoted education and
the sharing of technology.

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