K.

R MANGALAM
UNIVERSITY
School of legal studies
Topic: concept of property under
transfer of property Act,1882

Submitted by: MAANSI

Submitted to: Mrs. kritika kakkar
Subject: intellectual property
rights
Course: BA llb(h)
 Roll no.:2005170028
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.

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.

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.

Nature of intellectual Property

 Intangible Rights over Tangible Property: The main Property that
distinguishes IP from other forms of Property is its intangibility. While
there are many important differences between different forms of IP,
one factor they share is that they establish property protection over
intangible things such as ideas, inventions, signs and information
whereas intangible assets and close relationships are a tangible object.
 Right to sue: In the language of the law, IP is an asset that can be
owned and dealt with. Most forms of IP are contested in rights of action
that are enforced only by legal action and by those who have rights. IP
is a property right and can, therefore, be inherited, bought, gifted, sold,
licensed, entrusted or pledged. The holder of an IPR owner has a type
of Property that he can use the way he likes subject to certain
conditions and takes legal action against the person who without his
consent used his invention and can receive compensation against real
Property.

 Rights and Duties: IP gives rise not only to property rights but also
duties. The owner of the IP has the right to perform certain functions in
relation to his work/product. He has the exclusive right to produce the
work, make copies of the work, market work, etc. There is also a
negative right to prevent third parties from exercising their statutory
rights.
 Coexistence of different rights: Different types of IPRs can co-exist in
relation to a particular function. For example, an invention may be
patented, and the invention photograph may be copyrighted. A design
can be protected under the Design Act, and the design can also be
incorporated into a trademark. There are many similarities and
differences between the various rights that can exist together in IP. For
example, there are common grounds between patent and industrial
design; Copyright and neighbouring rights, trademarks and
geographical indications, and so on.

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. Copyright has evolved over many centuries with
respect to changing ideas about creativity and new means of communication
and media. 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.

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.

It performs three functions. First, they identify the goods as origin of a

particular region or that region or locality; Secondly, they suggest to
consumers that goods come from a region where a given quality, reputation,
or other characteristics of the goods are essentially attributed to their
geographic origin, and third, they promote the goods of producers of a
particular region.

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:

1. Produce and reproduce the material

2. Condition the material for the purpose of propagation
3. Offer material for sale
 4. Sell the materials
5. Export the materials
6. Import the materials

How an average person benefits?

There are many benefits of acquiring intellectual property rights. For
example, protecting your IP may result in:

1. The increased market value of your business – IP can generate

income for your business through licensing, selling or
commercializing protected products or services. This, in turn, can
improve your stock market or increase your profit. In the case of a
sale, merger or acquisition, registered and protected IP assets can
increase the value of your business.
2. Convert ideas into profitable assets – IP can help to convert creative
ideas into commercially successful products and services. For
example, licensing your patent or copyright can result in a steady
stream of royalties and additional income that can result in
profitable assets.
3. Market the products and services of the business – IP is necessary to
create an image for your business like trademark, logo, or design of
your product. So, it will help in differentiating the product and
advertise and promote it to the customers.
4. Increase export opportunities for the business – IP can increase the
competition in export markets. One can use their brands and design
for marketing foreign goods and are looking for franchising
agreements with foreign companies or to export your patented
products. Consumers won’t be confident buying means without
products or reliable services, international trademark protection and
enforcement machinery to discourage counterfeiting and piracy.