Introduction to Intellectual Property:

A Conceptual Primer
Course: Intellectual Property Rights
Presenter and Coordinator :
Yogesh Pai
Assistant Professor of Law
National Law University, Delhi
 Learning Objectives
Basic intellectual property concepts – exclusion
and alienability; nature of remedies
Classification of intellectual property rights (IPRs)
Explanation on each of the categories of
intellectual property
Difference between real/ tangible property and
intangible intellectual property?
Structure of the course
Summary
 Basic concepts
Property= tangible (land and chattels) + intangible (intellectual
property)
Why Property? Can’t Contracts and Tort law secure protection of
inventions/ creativity?
 In personem remedies v. In Rem remedies
Property = bundle of rights
Primarily right to exclude and right to alienate
Core of the property include remedy against violation in the form of an
injunction or accounts for profit or damages (both retrospective and
prospective + exemplary)
Why property based protection for creating incentives: economic
efficiency?
 Property v. Liability
 Role of subsidies, prize funds, tax breaks, publicly funded R&D etc...
 Basic IP concepts
What is intellectual property? – protection for creations of
human mind
Intellectual property = industrial property + Copyright
Industrial property includes- patents, trademarks, industrial
designs, geographical indications etc...
Copyright based on authorship, but includes entrepreneurial
works like sound recordings, broadcasts etc...
Sui generis laws – one of its kind; for eg. Laws enacted to
protect Layout designs and plant varieties
Other laws related to IP protection includes common law
passing-off & unfair competition, trade secrets (confidential
information), data exclusivity, non-original database protection,
personality rights etc...
 Basic IP concepts- aspects of innovation/
creativity
Patents = technical features of inventions
Copyrights = authors works
Neighbouring rights = right on content already created/
distinct from content - broadcasting and performer rights
Trademarks = protects against use of names and marks used
during the course of trade
Geographical indications = Collective mark/ name where a
given quality, reputation or other characteristic of the good is
essentially attributable to its geographical origin;
Layout design = technical designs pertaining to
seminconductor chips
Industrial design = external ornamental features of any product
Basic IP concepts- aspects of innovation/
creativity
Plant variety protection = protection extends to new
varieties of plants
Trade secrets = protection against misappropriation of
information
Data exclusivity = test and other regulatory data protected
through exclusive use for a specific period
Unfair competition & Passing-off = common law
protection against misrepresentation/ usurpation of
goodwill; Unfair competition means
any fraudulent, deceptive, or dishonest trade practices that
are prohibited by statute, regulation, or the common law. 
 Basic concepts
Differentiation: the underlying concept for protection against market
failure in innovation (patents/ copyright/ designs) / to resolve issues
concerning information asymmetries (trademarks, GIs and Passing-off)
Difference between real/ tangible property and intangible intellectual
property?
 Easily replicable (public good character)
 Negative v. Positive
 Term limitation – for certain IPRs
 Acquisition – statute created
 Fuzzy boundaries – patents
 There can be special conditions on the grant of IP- (grant subject to certain
conditions like research exemption/ fair use/ honest concurrent use etc…)
 Courts often tailor the boundaries of IP- ex-post (use and abuse of IP)
 Injunction & other remedies: preliminary injunctions may be difficult in certain
situation like SEPs, complex patent issues etc...
 Restitution
 Structure of the course
Basic foundations (module 1-8) would require a study
of:
Historical aspects
Theoretical aspects
Economic aspects
International law aspects
Competition law and policy aspects
Access, human rights and constitutional aspects
Structure of the course
Primary structure around topical aspects of substantive
intellectual property law and some procedural aspects
(8-41)
 Subject matter threshold
 Qualification threshold
 Inventors/ authorship /creator
 Scope of rights and exhaustion
 Ownership and assignment/licence of rights
 Limitations and exceptions (without compensation)
 Use without authorisation and government use (with
compensation)
 Remedies & Enforcement (civil and criminal)
Summary
Property protection distinct from other forms of legal
frameworks – in rem protection
Rights and remedies are at the core of property protection
Innovation may accrue through other mechanisms beyond IP
Demystifying concepts underlying various forms of IP
important
Differentiation the underlying principle
Significant differences between property (land and chattels)
v. Intellectual property
Course is by way of logical explanation of concepts,
principles and practice