INTRODUCTION

TO
INTELLECTUAL
PROPERTY
RIGHTS (IPR)

Definition:IPR is defined as variety of legal rights in protecting

products of intellectual efforts of creativity.
IPR are of great importance for modern industry and
commerce and in many cases, they have a very important
effect on the economy and on the very existence of a
business entity.
It is the right to prevent others from misusing certain
marks.
Symbols and drawings and in distinguishing one from the
other.

 Intellectual property rights provide means by which an

owner or an innovator can protect his innovation etc.
from being imitated and safeguard the fruits of his
valuable labor and investment.
The concept of IP will be understood better if we
understand what is meant by the term property. Property
means some material\ object belonging to a particular
person.
The concept of ownership is critical to the concept of
property.

 Ownership means the right to possess, use and dispose

of the property and at the desire of the owner to exclude
the others.
In the legal sense, property refers to the bundle of rights
that the law confers on a person by virtue of the
ownership and possession of an object.
IP is a dynamic area and refers to property created with
the use of intellect. In other words these refer to
creations of the mind.

DIFFERENT TYPES OF IP:IP has been generally divided in to two main categories.
1. Industrial property
2. Copy right.
This division is more for ease of understanding and
depends on the type of use of intellectual property.
Industrial property consists of rights relating to
inventions,

trademarks,

appellation of origin.

industrial

designs

and

 Copy right protects rights related to creation of human mind

in the fields of literature, music, art and audio-visual works.
The owner of copyright has rights not only in the original
work, but also in creative work that is derived from the
original work. Such rights relating to a copyright are called
related rights.
There are neighbouring rights on copyright, which protect
performances.
Related rights and neighbouring rights are terms used
interchangeably.

History of IPR:
Modern usage of the term intellectual property goes back at
least as far as 1867 with the founding of the North German
Confederation whose constitution granted legislative power
over

the

protection

confederation.

of

intellectual

property

to

the

North German Confederation:-

It is a federation of 22 independent states of Northern

Germany with nearly 30 million inhabitants. It is
important for the economic and judicial unification of
Germany.
A study of intellectual property system requires focus on
the development of patent laws in several parts of the
world.

 Around 1300, the Alps mountain range was essentially

an ore mining area. The customs and traditions there
dictated the mining, timber use and water use and its
property rights for those who first found the ore site.
Water mills were required during pre-mining as the
surface deposits were getting depleted requiring mines to
mine in depth.
Apart of the water millers from the north requested
special privileges for their mines against local
competition.

 This was the birth for establishing special privileges in

return for useful creations.
Later in 1323, a German milling engineer promised to
build grain mills to satisfy the storage needs of entire
Venice. He was granted the first known privilege of
about 80 ducats for the construction of a model mill.
He was also promised additional compensation for his
mill if it proved to be useful.

 Thus the Government not only encouraged a new idea

but was concerned that it should result in a working
model. There also seems to have been an earlier law
directed specifically at inventions relating to the
manufacture of silk.
The first law providing for the grant of exclusive rights
for limited periods to the makers of inventions in
general is credited as a deliberate act of economic
policy in Venice in 1474.

 In 1488, the Venetian Senate promulgated the statuto Mineraria(A law

that is passed by the legislative body relating to the industry works)
which gave exclusive rights.
The roots of world intellectual property organization go back to 1883.
The need for protection of IP became evident when foreign exhibitors
refused to attend the International exhibition of inventions in Vienna
in 1873 because they were afraid that their ideas would be stolen and
exploited commercially in other countries.
1883 marked the birth of the Paris convention for the protection of
industrial property rights, known as :- inventions(patents), trademarks,
industrial designs.

History of IPR
1856

THE ACT VI OF 1856 ON PROTECTION OF INVENTIONS BASED ON THE BRITISH PATENT

LAW OF 1852. CERTAIN EXCLUSIVE PRIVILEGES GRANTED TO INVENTORS OF NEW
MANUFACTURERS FOR A PERIOD OF 14 YEARS.

1859

THE ACT MODIFIED AS ACT XV; PATENT MONOPOLIES CALLED EXCLUSIVE PRIVILEGES
(MAKING. SELLING AND USING INVENTIONS IN INDIA AND AUTHORIZING OTHERS TO DO
SO FOR 14 YEARS FROM DATE OF FILING SPECIFICATION).

1872

THE PATENTS & DESIGNS PROTECTION ACT.

1883

THE PROTECTION OF INVENTIONS ACT.

1888

CONSOLIDATED AS THE INVENTIONS & DESIGNS ACT.

1911

THE INDIAN PATENTS & DESIGNS ACT.

1972

THE PATENTS ACT (ACT 39 OF 1970) CAME INTO FORCE ON 20TH APRIL 1972.

1999
2002

ON MARCH 26, 1999 PATENTS (AMENDMENT) ACT, (1999) CAME INTO FORCE FROM 01-011995.
THE PATENTS (AMENDMENT) ACT 2002 CAME INTO FORCE FROM 2OTH MAY 2003

2005

THE PATENTS (AMENDMENT) ACT 2005 EFFECTIVE FROM Ist JANUARY 2005