Intellectual Property Rights

Intellectual Property Rights

• Cover creations of the mind, such as inventions, literary and artistic works, designs, and symbols, names, and images used in commerce.
• Also include commercial rights granted to owners of this property.
• Are protected by law, allowing owners to control how others use their property.
• Benefits include encouraging innovation, fostering economic growth.

Quid-Pro-Quo in IPR

• "Something for something"
• Refers to the exchange between the government and the inventor.
• The government grants the inventor exclusive rights to their invention.
• In return, the inventor discloses their invention to the public.

Patents

• Can be granted for inventions that are new, inventive, and capable of industrial application.
• Not granted for discoveries, scientific theories, mathematical methods, or software programs.

Geographical Indications of Goods

• Refers to a sign used on products originating from a specific geographical location.
• Quality and reputation of the products are linked to their origin.
• Examples include "Darjeeling Tea," "Champagne"
• Used to protect the products from being copied or counterfeited.

Maharaja of Air India Symbol

• Protected as a trademark.
• Trademarks are used to identify and distinguish goods and services.
• Protect the owner's reputation and goodwill.

Literary Works Protection in India

• Protected for the lifetime of the author plus 60 years.
• After this, work enters the public domain and can be freely used.

Enforceable Agreements

• Contracts are enforceable by law.
• A contract is a legally binding agreement between two or more parties.
• Provides a framework for how the parties will interact with each other.
• Can be verbal or written, but written contracts are generally preferred for proof.

Not Part of Intellectual Property Rights

• Not all rights fall under Intellectual Property Rights.
• Examples include:
  • Property Rights related to real estate
  • Personal Rights like the right to privacy