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Intellectual Property
▲ Intellectual property (IP) pertains to any original creation of the human intellect such as artistic, literary, technical, or scientific creation.
▲ Intellectual property rights (IPR) refers to the legal rights given to the inventor or creator to protect his invention or creation for a certain period of time.
▲ These legal rights confer an exclusive right to the inventor/creator or his assignee to fully utilize his invention/creation for a given period of time.
▲ IPR is a strong tool, to protect investments, time, money, effort invested by the inventor/ creator of an IP.
In India, the concept that one could have property rights over the products of one‘s intellectual labour is yet to gain a firm footing because of the fact that traditionally India is a country where people never believed in asserting rights over intellectual properties.
Factually, intellectuals were identified more with poverty than with property or prosperity.
People took pride in proclaiming that the Goddess of Wealth (Lakshmi) and Goddess of Learning (Saraswathi) never co-existed.
According to Thiruvalluvar = ‘the greatest incentive for a learned person is to know that his learning contributes to make the world happy’.
This is why most of the proud products of our culture and the contribution of our ancestors to arts, literature, social and natural sciences and technology, remained in anonymity and remains the reason for the loss of recognition on contribution of our ancestors towards intellectual labor and culture.
Examples of vast traditional knowledge
EVOLUTION OF INTELLECTUAL PROPERTY
History and evolution of Patents
Privileges (15th to 18th centuries)
The Republic of Venice was the first to adopt a Statute for this form of privilege ―Parte Veneziana of 1474 that laid down the principles for the grant of privileges which formed the basis for modern patent system such as the usefulness of new inventions for the State, the exclusive rights of the first inventor for a limited period and the penalties for infringement.
2005 THE PATENTS (AMENDMENT) ACT 2005 EFFECTIVE FROM Ist JANUARY 2005
Paris Convention is the basic international convention in the field of industrial property including trademarks.
It is supplemented by the Madrid Agreement on the International Registration of Marks, signed in 1891, a special union for members of the Paris Convention. The ratification of these international treaties and their transformation into national legislation has contributed substantially to transformed trademark laws.
EVIDENCES FOR IPR SYSTEM NEEDS
PROTECTION OF INTELLECTUAL PROPERTY
Competition Law
Human Rights perspective of IPR
IMPACT OF IPR REGIMES