INTELLECTUAL PROPERTY

RIGHTS

Dr. Anchit Verma

Assistant Professor of Law
Maharashtra National Law University, Nagpur
Definition and Nature of Property
• “Property” means property of any kind, whether movable or immovable,
tangible or intangible, and includes any right or interest in such property
[Section 2(c) of the Benami Transactions (Prohibition) Act, 1988]
• Salmond while defining the term property, observed that the term might be
understood in one of the three senses mentioned below:
(i) The term property includes all the legal rights of a person. That is to say
that it includes complete ownership of a man on material as well as
intangible things.
(ii) The term includes not a man’s personal rights, but only his proprietary
rights.
(iii) The term includes the rights of ownership in material things such as
building etc.
Definition and Nature of Property
• The term property includes both corporeal things such as land,
furniture and incorporeal things such as copyrights and patents.
R.C. Cooper vs. Union of India AIR 1970 SC 564.
Property rights
1. Right of possession
2. Exclusion rights
3. Control and enjoyment rights
4. Disposition/selling right
5. Title insurance
Protection granted to Intellectual Property
Why does IP matter?
• The progress and well-being of humanity depend on our capacity to
come up with new ideas and creations.
• Technological progress requires the development and application of
new inventions.
• Inventors, artists, scientists and businesses put a lot of time, money,
energy and thought into developing their innovations and creations.
• To encourage them to do that, they need the chance to make a fair
return on their investment.
Protection granted to Intellectual Property
• Exclusive Rights: IP holders have exclusive rights to use, control, and
exploit their creations or inventions for a specified period, preventing
others from using, copying, distributing, or selling their IP without
permission.
• Right to License: IP holders can grant permission to others to use
their IP rights through licensing agreements. This allows them to earn
royalties or fees from others who wish to use their intellectual
property in specific ways, under defined conditions.
• Right to Sue for Infringement: IP holders have the right to take legal
action against individuals or entities that infringe upon their IP rights.
This could include seeking injunctions to stop unauthorized use and
claiming damages for losses incurred due to the infringement.
Protection granted to Intellectual Property
• Right to Transfer or Sell: IP holders can transfer or sell their IP rights
to others, either wholly or partially. This could involve selling the
entire IP or granting specific rights to others while retaining certain
rights for themselves.
• Right to Create Derivative Works: Copyright holders, in particular,
have the right to create derivative works based on their original
creations. This allows them to build upon their own work or authorize
others to do so.
• Right to Protect Reputation and Brand Integrity: Trademark holders
have the right to protect their brand's reputation by preventing others
from using similar marks that could cause confusion or dilute the
uniqueness of their brand.
Public Interest vis-a-vis Monopoly Rights
Public Interest:
• Access to Innovation: Public interest often involves ensuring that
innovations are accessible and beneficial to society. Balancing IPR
with public interest ensures that inventions and creations contribute
to societal progress rather than being inaccessible due to
monopolistic control.
• Affordability and Accessibility: Monopoly rights can lead to high
prices or restricted access to essential goods and services. Public
interest advocates for ensuring affordability and availability of
important medications, technologies, and knowledge.
Public Interest vis-a-vis Monopoly Rights
Public Interest:
• Encouraging Competition: The public interest is in fostering
competition and preventing monopolies that stifle market dynamics.
Healthy competition encourages innovation, lowers prices, and
improves product quality.

• Cultural and Educational Development: Public interest includes

fostering cultural development and education. Limiting IPR
restrictions ensures wider access to educational resources, literature,
and cultural works, promoting learning and creativity.
Public Interest vis-a-vis Monopoly Rights
Monopoly Rights related to IPR:
• Exclusive Rights: IPR grants exclusive rights to creators or inventors
for a certain period, allowing them to have a monopoly on their
creations. This exclusivity incentivizes innovation and creative
endeavors.

• Incentivizing Innovation: Monopoly rights through IPR aim to

incentivize creators and innovators by providing a period of exclusivity
where they can benefit financially from their efforts, encouraging
further innovation.
Public Interest vis-a-vis Monopoly Rights
Monopoly Rights related to IPR:
• Investment Protection: IPR ensures that creators and inventors can
recoup investments made in research, development, and creativity by
having control over their creations or inventions.

• Market Control: However, unchecked monopoly rights might lead to

market dominance, limiting competition and potentially impacting
consumer choice, pricing, and access to essential goods or services.
Public Interest vis-a-vis Monopoly Rights
Balance and Policy Considerations:
• Balancing Act: Policymakers strive to strike a balance between granting
monopoly rights to incentivize innovation while safeguarding public
interest by ensuring access, affordability, and healthy competition.
• Regulatory Measures: Various regulatory measures, such as compulsory
licensing, fair use provisions, or patent expiration, aim to address public
interest concerns by limiting the adverse effects of excessive monopoly
rights.
• IPR Reforms: Ongoing discussions on IPR reforms often focus on aligning
these rights with public interest objectives, ensuring that innovation
remains incentivized while preventing undue monopolistic control.
Rationale behind protection of
Intellectual Property
• Incentivizing Innovation: IP protection rewards creators and
innovators for their efforts by granting them exclusive rights
to their creations. This encourages continued innovation
across various fields, fostering advancements in technology,
arts, and sciences.

• Economic Growth and Competitiveness: Strong IP

protection attracts investment and drives economic growth.
It creates an environment where businesses are more willing
to invest in research and development, leading to job
creation, increased productivity, and global competitiveness.
• Encouraging Creativity and Culture: IP protection ensures
that creators have the confidence to bring their creative
works to the public without fear of unauthorized use. This
helps preserve and promote diverse cultural expressions and
creative endeavors.

• Consumer Safety and Quality Assurance: IP protection helps

consumers by ensuring that products and services meet
certain standards of quality and safety. Brands and
trademarks serve as indicators of reliability and authenticity,
giving consumers confidence in their purchases.
• Spurring Collaboration and Knowledge Sharing: IP
protection can also facilitate collaboration and knowledge
sharing. Through licensing and partnerships, IP holders can
share their innovations while retaining control, leading to
mutually beneficial agreements and advancements.

• Protection against Theft and Misuse: Strong IP protection

safeguards against theft and misuse of ideas, designs,
inventions, and brands. It deters counterfeiting, piracy, and
unauthorized use, protecting the interests of creators and
innovators.
• Legal Framework for Dispute Resolution: IP protection
provides a legal framework for resolving disputes related to
ownership, usage, or infringement of intellectual assets. This
helps maintain order and fairness in the marketplace.
Characteristics of Intellectual Property
• Intangibility: IP is non-physical and intangible. It exists in
ideas, creations, innovations, designs, or expressions and
isn't a physical object that can be touched or seen.

• Excludability: IP rights grant holders the ability to exclude

others from using, reproducing, or benefiting from their
creations without authorization. This exclusionary aspect
allows for control over the use of the intellectual asset.
• Non-rivalrous Nature: Unlike physical goods, the use
or enjoyment of IP by one person doesn’t diminish its
availability for others. For instance, multiple
individuals can use the same idea or design without
reducing its value.

• Creativity and Originality: IP protection applies to

original and creative works. To qualify for protection,
the creation must meet certain standards of novelty,
uniqueness, or innovation in its field.
• Economic Value: IP often holds significant economic
value. It can generate revenue through licensing,
sales, royalties, or as a competitive advantage in the
marketplace.

• Diverse Forms: IP covers a wide range of creations,

including inventions (patents), literary and artistic
works (copyrights), symbols and names used in
commerce (trademarks), industrial designs, and trade
secrets.
• Duration and Limitation: IP rights have a limited duration. Depending
on the type of IP, protection lasts for a defined period, after which the
creation generally enters the public domain, becoming freely
accessible.

• Global Recognition: IP rights are recognized internationally, though

the specifics of protection and enforcement may vary across countries
due to differing laws and regulations.
 Jeremy Bentham’s
Utilitarian Theory

John Locke’s Natural Law Theory

Theories of
Intellectual Property
John Loke’s Labour Theory
“Second Treatise of
Government (1690) Economic Theory