INTRODUCTION

PROPERTY:IN THE LEGAL SESNSE IT IS A

BUNDLE OF RIGHTS FLOWING FORM THE
CONCEPTS OF OWNERSHIP & POSSESSION.
WHILE MOST OF THEM HAVE MATERIAL
EXISTENCE ,THE VALUE OF THE PROPERTY
DEPENDS UPON THE KNOWELDGE OF THE USE
ASSOSIATED WITH IT.
FOR EXAMPLE DIAMOND CAN BE VIEWED AS A
NORMAL STONE.IT CAN BE VIEWED AS
CUTTING MATERIAL.ABOVE ALL IT IS ALSO
TREASURED AS VERY PRECIOUS JEWEL
STONE.
SO THE KNOWELDGE OF USE COMPLICATES
THE CONCEPTION OF PROPERTY IT MAY
CHANGE WITH TIME .

INTRODUCTION
A MATTER BECOME RESOURCE WHEN
AN IDEA OR TECHNOLOGY IS USED IN A
SUCH A MANNER IT CAN SATISFY
HUMAN NEED.
IN THE TWO SENSE IT CAN BE VIEWED
ONE IS MATERRIAL RESOURCE & ONE
IS INTELLECTUAL RESOURCE.
ONCE THIS TWO ASPECTS COMES
TOGETHER WITH A SUBSTANCE IT
BECOMES A PROPERTY& BUNDLE OF
RIGHTS CAN BE CLAIMED.(FOR EX PEN)

INTRODUCTION
RIGHTS OVER PROPERTY:
POSSESION,
OWENERSHIP,
APPLICATION,
ENJOYMENT,
CONTROL,
ALIENATION,
USEAGE,RIGHT TO EXCLUDE NON OWNERS,
POWER OF TRASNFER.

 AS PER THE DEFINATION THE

OWNERSHIP IS GENARAL,PERMANENT
& INHERITABLE
.IT MAY RELATE TO TANGIBLE SUCH AS
LAND,JEWELS(CORPOREAL
PROPERTY)
OR INTANGIBLE THINGS LIKE
IDEAS,WORK OF ART(INCORPOREAL
PROPERTY).
THE INCORPOREAL RIGHTS ARE
PATENTS ,COPY RIGHTS,TRADEMARKS.

INTRODUCTION
ALL PROPERTY RIGHTS HAVE LIMITED
RIGHTS OF ACCESS TO OTHERS.
IT CAN LIMITED TERM(LAND LEASE),
COMPULSORY LICENSE(SOFTWARE),
EXAUSTION OF RIGHTS(WILL) ETC.
PROPERTY LAW AS IT OPERATES ALWAYS
TRIED TO INCORPORATE SOME ELEMENT OF
DISTIBUITVE JUSTICE WHICH APPEARS TO BE
CONFLICT.THE MOST DISPUTE INVOLVING
PROPERTY RELATE TO CONFLICT BETWEEN
THE TWO PROPERTY RGHTS OWNERS OR
BETWEEN TWO RIGHTS.

Kinds of Property
Movable Property
Car, Pen, Furniture, Dress

Immovable Property
Land, Building

Intellectual Property
Literary works, inventions

CUTS Training Programme 14 Jul

11

Nature of Intellectual Property

Creation of human mind (Intellect)

Intangible property
Exclusive rights given by statutes
Attended with limitations and exceptions
Time-bound
Territorial

CUTS Training Programme 14 Jul

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Definition of Intellectual Property

Intellectual

Property shall include the rights relating to

literary, artistic and scientific works,
performances of performing artists, phonograms,
and broadcasts,
inventions in all fields of human endeavour
scientific discoveries
Industrial designs
trademarks, service marks and commercial
names and designations
protection against unfair competition
and all other rights resulting from intellectual activity
in the industrial, scientific, literary or artistic fields.
(WIPO Convention)
CUTS Training Programme 14 Jul
11

INTRODUCTION

INTELLECTUAL PROPERTY:IT IS CREATED BY

THE INTLLECT OF HUMAN MIND UNLIKE OTHER
PROPERTY IT DOES NOT HAVE PHYSICAL
FORM ,ITS VALUE IS BASED UPON SOME
IDEAS.
IT ENCOMPASSES THE PROTECTION OFFERD
BY THE LEGAL REGIMES OF VARIOUS TYPES
LIKE PATENTS,TADEMARKS,COPY
RIGHTS,DESIGNS,TRADE SECRETS.IT MAY
ALSO INCLUDE PROTETION OF PLANT
VARITIES
IP INSISTS ON SOME AMOUNT OF
NOVELTY(NEWNESS) OR ORGINAINALITY TO
GAIN PROTECTION.THIS CONCEPT MAY DIFFER
FORM ONE SYSTEM TO ANOTHER.

INTRODUCTION
IT IS TIME BOUND.IT DOES NOT PROVIDE
PERPETUAL & ABSOLUTE MONOPOLY OVER THE
PROPERTY(20 YEARS).
THE PROTECTED CONCEPTS IN IP IS ITS USE OR
VALUES OF IDEAS.
IT SHOULD BE NOTED THAT BUNDLE OF RIGHTS
IS NOT OVER THE ABSTARCT IDEAS BUT OVER
PHYSIACL,TANGIBLE,CONCRETE MANIFESTATION
OF THESE IDEAS(APPLICATIONS).
FOR EX IT MAY BE RIGHT TO
MANUFACTURE,DISRIBUTE IN PATENTS .
IN COPYRIGHTS IT MAY BE RIGHT OF
PUBLICATION,DISTRIBUITON ETC.

NEED OF IPR
IPR IS A TOOL IT PROTECTS THE
INVESTMENT,TIME ,MONEY &
EFFORTS OF INVENTOR/CREATOR.
IT HELPS IN INDUSTRIALIZATION OF
THE COUNTRY.
IT HELPS IN ECONOMIC
DEVELOPMENT OF THE COUNTRY.
IT HELPS IN NEW JOB CREATION.

 IT ENHACES TECHNOLIGCAL ADVANES

OF THE COUNTRY.
IT PROVIDES A MECHANISM FOR
HANDLING INFRINEGEMNT,PIRACY &
UNAUTHORIZED USE.
IT PROVIDES A LATEST INFORMATION TO
THE PUBLIC ABOUT PRODUCTS OR
PROCESS EXCEPCT IN TRADE SECRETS.
IT HELSP COUNTRIES TO DOMINATE IN
TODAYS GLOBALIZATION SCENARIOS.

CHALLENGES FACED BY IPR

TECHNOLOGIES CHANGING RAPIDLY.
PRODUCT LIFE CYCLE BECOMING
SHORTER.
INVESTEMENT IN R&D ,MARKETING
BECOMING HIGH.
HUMAN RESUPRCE SHOULD POSSES
HIGH LEVEL OF SKILLS.
INDUSTRIES BECOMING
COMEPTATIVE.

 CONSERVATION OF BIODIVERSITY &

ENVIRONMENT,ENSURING FOOD&
HEALTH SECUIRITY.
PROTECTION OF TRADITIONAL
KNOWELDGE.
NEW CHALLENGES IN THE CYBER SPACE.
UNIVERSAL APPLICABALITY OF PATENTS.
STRICT & SPEEDY ACTION ON
INFRINGEMENTS.

Contemporary Challenges in IPR

negotiations...

Creation of a multilateral
agreement across different
countries.

Implementation of the WIPO

Development Agenda
Enforcement (WTO US versus China
Panel Report)
Technology Transfer
Technical Assistance and
Cooperation

Why are IPRs controversial?

IPRS
CREATE SEMI-MONOPOLIES ALSO
COVERING GOODS THAT MAY NOT T BE
ESSENTIAL TO SOCIETY (E.G.
PHARMACEUTICALS AND
ENVIRONMENTALLY SOUND
TECHNOLOGIES) /
IT MAY RAISES PRICES (HIGHER THAN
PRODUCTION COSTS)
IT LIMIT ACCESS TO TEXTBOOKS,
EDUCATIONAL MATERIAL, INFORMATION
IT MAY IMPACTS ON REVERSE
ENGINEERING AND IMITATION
EXTENSION OF TERM OF PROTECTION -70 YEARS OF COPYRIGHT PROTECTION;

Some facts
SWIFT PACE OF TECHNOLOGICAL
TRANSFORMATION TECHNOLOGY HAS BECOME
IMPORTANT IN ALL ECONOMIC ACTIVITIES
INTERNATIONAL COLLABORATIONS HAVE LED
TO THE GLOBALIZATION OF ALL ECONOMIC
AND TECHNOLOGICAL ACTIVITIES
MUCH MORE REGULATION!
3 COUNTRIES CONCENTRATE AROUND 60% OF
APPLICATIONS
5 COUNTRIES ACCOUNT FOR ABOVE 80% OF
ROYALTIES AND FEES RECIPIENTS OF WHICH
ABOVE 70% RELATES TO INTRA-FIRM PAYMENTS

INTRODUCTION
LABOUR JUSTIFICATION OF PROPERTY:ONE
OF THE MOST POPULAR JUSTIFIACTION
PUT FORWARD FOR THE PROTECTION OF
PROERTY IS TO JUSTIFY IT AS A REWARD
FOR THE LABOUR PUT IN TO CREATE OR
GENARATE (APPLICATION).
ACCORDING TO LUKE LABOUR ADDS VALUE
TO GOODS.GOODS ARE CONVERTED FORM
COMMON TO EXTRAORDINARY BY LABOUR.
IT CAN BE SAID THAT IDEAS ARE
CONVERTED TO PHISIACL FORMS IN TERMS
OF IP.
.

 ONE VIEW OF THIS THOERY IS THAT

LABOUR IS AN INPLEASANT ACTIVITY
FOR WHICH THE PEOPLE SHOULD BE
REWARDED OR SHOULD BE
MOTIVATED TO PERFORM BETTER BY
SECURING BENEFITS FOR THEM.
THIS IS CALLED AS LABOUR
AVOIDENCE THOERY.

INTRODUCTION
ANOTHER INTERPRETATION IS THAT SOCIAL
VALUE ADDED BY THE LABOUR DESERVES TO
BE REWARDED. FOR EX PHARMACEUTICALS
PATENTS BY PLANTS WOULD SPUR
RESEARCH & MOTIVATE IN DEVELOPMENT OF
VARIETY OF NOVEL DRUGS OF PLANTS.
THE UTILITY IS A REFLECTION OF THE VALUE
ADDED IN PATETNT LAW ,IT REQUIRES AN
ADVANCE OVER THE PRIOR ART & CAPABLE
OF INDUTRIAL APPLICATION.
BUT IN COPY RIGHT EVEN THE WORTHLES
WORKS WHICH DO NOT ADD ANY SOCIAL
VALUE ARE COPY RIGHTABLE..

INTRODUCTION
THERE ARE VARIOUS WAY IN WHICH THE IP
CAN BE USED BY THE NON OWNERS
DERIVATIVE WORKS,COPYRIGHTS.LABOUR IS
NOT PROTECTED.
SOME CONTINIOUSLY WORK IN HOUSEHOLD
KITHCEN WTHOUT GETTING COMPENSATION
FORM THE MARKET.
TRADITIONAL KNOWELDGE BECOMES
UNPROTECTED & UNRECOGNISED FOR ITS
CONTRIBUTIONS EVEN THOUGH LOCALS
UNDOUBTEDLY INVESTED CRAEATIVITY &
LABOUR IN EVOLVING ,NURTURING &
PRESERVIG THIS KNOWELDGE.

INTRODUCTION
PERSONAL JUSTIFICATION OF PROPERTY:THE
THEORY STATES THAT THE PROPERTY
PROVIDES A MECHANISM FOR PERSONAL
EXPRESSION,DIGNITY AND RECOGNITION OF
INDIVIDUAL PERSON.
WHEN IT APPLIES TO INTELLECTUAL
PROPERTY IT CAN BE SAID THAT IDEAS ARE
MANIFESTATION OF CREATORS PERSONALITY
OR SELF HENCE IT SHOULD BE PROTECTED.
THE CONCEPT OF MORAL RIGHTS IN
COPYRIGHT IS A MAJOR EXAMPLE OF REAL
ESSENCE OF PERSONALITY JUSTIFIACTION.

 IT BASICALLY REFER TO THE

INALIENABLE RIGHTS TO GUARD THE
INTEGRITY OF THE WORK THAT WOULD
DAMAGE OR DETSTROY AUTHORS
REPUTATION.
MARXS THOERY ON PROPERTY:HE HAD
PHYSICAL OBJECTS IN MIND LIKE LAND.
HE CONSIDERD A PROPERTY AS A FORM
OF ALIENANTION ,AN INSTRUMENT
WHICH IS USED BY THE RULING CLASS
TO PROTECT ITS INTRESTS.

INTRODUCTION
IN CAPITALIST ECONOMY THERE ARE TWO
CLASS ONE RULING & ONE IS WORKER ,THE
LAW BELONGED TO THE RULING CLASS.
ITS A CAPITALISTS RATHER THA N THE
WORKERS END UP OWNING MOST OF THE
INTELLECTUAL PROPERTY THAT PRODUCES
THE CAPITALIST ECONOMY.
ACCORDING TO HIM THE IP LAW MOTIVATE &
REWRD THE CREATIVE PROLETARIAN WHICH
WILL HIDE THE EXPLOITATON OF CRAETIVE
LABOUR IN THE CAPITALIST MODE OF
OPEARTION.
.

 IN CAITALISM CRETIVE LABOUR CAN BE

INDUCTED INTO IN THE FORM OF IP OR IT
WILL END UP IN PURE NON THINKABLE
REPETATAIVE WORK IS THE QUESTION.
NEED FOR HOILISTIC
APPROACH:LABOUR JUSTIFICATION
SEEMS TO BE MORE APPLICABLE TO
PATENTS & INDUSRIAL DESIGNS.
WHER COMMON SEEMS TO PERCIFY THE
PUBLIC DOMAIN PERSONALITY
JUSTIFICATION IS MORE TO COPY RIGHTS
& TRADE MARKS LAW HERE
IMPORTANCE WAS GIVE TO
CREATIVE,SUBJECTIVE & INDIVIJUALISED
NATURE OF IP.

INTRODUCTION
IN IP MOST CHALLENGING ISSUES ARE
CONFLICT BETWEEN IP RIGHTS & OTHER
RIGHTS LIKE
RIGHT TO FREEDOM OF SPEECH &
EXPRESSION,
RIGHT TO LIFE &
RIGHT TO HEALTH.
RESOLUTION OF THESE CONCEPTS
INVOLVES THE MANKING OF THE POLICY
KEEPING IN MIND PARTICULAR CONTEXT &
VALUE SYSTEM OF THE CONUTRY.

INTRODUCTION
INDIA RECENTLY GOT AN AMENDMENT
TO THE PATENT ACT IN 2005 FOR
PATENTING PHARMACEUTICALS.
IT NOT ONLY PROMOTES THE R& D
ACIVITY IN THAT SECTOR BUT ALSO
IMPROVES THE HEALTH OF THE
POPULATION.

CONSTITUTIONAL ASPECTS OF IP
THE CONSTITUTION PLAYS AN IMPORTANT
ROLE IN HELPING COURTS & LEGISLATURE TO
JUSITFY BALANCE BETWEEN THE
CONFLICTING RIGHTS.
IN INDIA IT IS YET AT AN INFANT STAGE BUT IN
US & EUROPE LOT OF CHALLENGES HAVE
BEEN IN THE FRAY.
BUT IN RECENT TIMES IN ACCORDENCE WITH
TRADE RELATED IP(TRIPS) AGREEMENT
STANDARD OF PROTECTION IP RIGHTS HAS
BEEN RAISED.

 UNLIKE INDIAN CONSTITUION US CONSTITUION

HAS A SPECIAL PROTECTION TO IP LAW WHERE
IT IT PROMOTES THE PROGRESS OF SCIENCE &
ARTS BY SECURING THE LIMITED TO AUTHORS
& INVENTORS THE EXLUSIVE RIGHT TO
DISCOVERIES & WRITINGS.
IN 1951 MR SINGH & STATE OF BIHAR BIHAR
LAND REFORMS ACT WHICH ABOLISHED TH
ZAMINDARI SYSTEM WAS CHALLENGED .
THE PATNA HIGH COURT DECLARED THE ACT AS
UNCOSTITUITIONAL. THE CASE WENT TO
SUPREME COURT WERE MINOR
MODIFICATIONS WERE IN THE ACTS WERE
SOME BENEFITS WERE GIVEN TO WORKERS
(WAGES).

CONSTITUTIONAL ASPECTS OF
IP
DWARAKDAS & SHOPLAPUR SPINNING MILLS
TEMPORARAY TAKING OF THE MANAMGMENT
OF THE MILLS WAS NOT GIVEN ANY
COMPONSATION WHICH WAS CHALLENGED IN
THE COURT.
COURT UPHELD THE CHALLENGE &
DWARAKADAS WAS GIVEN COMPOSATION.
THE COSTITUTIONAL PROPERTY IS LIMITED
TO LAND PROPERTY IT IS NOT BEEN
CONFINED TO IP,WAGES & EMPLYOYMENT
.THE RECENT ACTS OF PATENTS &
COPYRIGHTS WOULD BE RIGHT OF FREDOM &
EXPRESSION.

 THE CASE WAS ALSO FOUGHT IN THE

US FOR THE TERM OF EXTENSION OF
THE USE OF MICKEY MOUSE THE
COURT NEGATIVED THE CHALLENGED
& UPHELD THE VALIDITY OF TERM OF
EXTENSION.
THE US/EUROPE IP LAW IS VERY
FORMIDDLE COMPARED TO
DEVELOPING NATIONS LIKE
INDIA,CHINA,BRAZIL ETC.