DIT - IPR PROJECT - What is IPR

What is Intellectual Property? : - This term includes, in the broadest sense, all rights resulting from intellectual activity in the industrial, scientific, literary, or artistic fields. Most often one thinks of property as either movable property (e.g.,a radio or a coat) or immovable property (e.g., a house or land). One characteristic of these forms of property Is their tangible existence. In comparison, intellectual property law confers property rights on intangibles. Intellectual property has been characterized as:

Classification of Intellectual Property:- Intellectual property in general is broken down into two major branches: industrial property and copyright law. A term of French origin, “ industrial property” (properties industrial) cover artistic, musical, and literary works.

The concept of Intellectual Property: - In general, the most important feature of property is that the proprietor or owner may use his property as he wishes and that nobody else can lawfully use his property without his authorization. Of course, there are certain recognized limits for the exercise of that right. For example, the owner of a piece of land is not always free to construct a building or whatever dimension he wishes, but must respect the applicable legal requirements and administrative decisions.

INDIAN IPR LAW

The Centre for Intellectual Property Rights, Research and Advocacy (CIPRA) was established in 1998 by The National Law School of India University (NLSIU), Banglore. This Website has been developed by CIPRA with the support of NISSAT (National Information System for Science and Technology). If provides comprehensive coverage of Indian Intellectual Property Resources.

A Brief over-view of Intellectual Property Rights:- The term Intellectual property includes, in the broadcast sense,, all rights resulting from intellectual activity in the industrial, scientific, literary, or artistic fields. The convention establishing the WIPRO defines intellectual property in a broad sense. According to this definition, Intellectual Property shall include the rights relating to:

(i) Literary, artistic and scientific works;

(ii) Performance of performing artists, phonograms and broadcasts;

(iii) Inventions in all fields of human endeavor;

(iv) Scientific discoveries;

(v) Industrial designs;

(vi) Trademarks, service marks, and commercial names and designations;

(vii) Protection against unfair competition and; all other rights resulting from intellectual activity in the industrial, scientific literary or artistic fields.

This definition although inclusive in nature, is very comprehensive.

As we have already discussed, the property per se can be broadly classified into immovable property. If it is tangible in existence in comparison. The intellectual property is intangible. Intellectual property has been characterized as pieces of information, which can be incorporated in tangible objects at the same time in an unlimited no. of copies at different locations anywhere in the world. The property is not in those copies but in the information reflected in those copies. The best example to substantiate the above statement is copyright. The intellectual property is a property in mental labour as distinguished from physical labour. Now it is widely agreed that mental labour which flows from the intellectual labours of the mind and the exertion of genius and thought is fundamentally different from manual labour which is the mere exertion of bodily strength and corporal application.