Introduction to Intellectual Property Rights

By:- Brajesh Raj

B.A.LLB 3rd Year

New Law College

Bharati Vidyapeeth (Deemed to be University)

Pune, Maharashtra

The term Intellectual property refers to a type of property that is a construction by the human intellect. ex. – literary work, art etc. It is an overall term for the assets that are not physical and cannot be touched and are result of human mind. 

Intellectual Property Right is the right that is given to the persons to protect the intellectual property.

 Some Important kinds of Intellectual Property Rights:

1. Patent: It is a right given for an invention, that provides, in general, a different method of doing something, or provides a new technical solution to something. 

 2. Copyright: It is a word used to describe the authority that creators have over their literary and artistic works. 

3. Trademark: It is a mark which has capacity of differentiating the commodities/services of an individual from that of another individual. 

History Of Intellectual Property Rights

 When it comes to the term intellectual property rights, people might think that it is a very modern concept and has originated recently. But The history of Intellectual property right dates back to 1331 when a woolen cloth trader was granted a special right by the king of England to conduct trade by his name in all over England. 

In India, during 1856 the law on patents was first introduced by the ruling British government through the Act VI with an aim to encourage creators to reveal the secrets of their innovation. 

Similarly, the concept of trade mark was first introduced in England in 1226 when the bakers of England used a distinctive mark of their own to differentiate among others product. The introduction of modern trademark law was first introduced in France in year 1857. 

The concept of copyright aroused when the writers, publishers were given authorization to print or publish their own works. Such Copyright law was first introduced in India in 1847 during the British rule. 

During 19th century, the world saw a need for an international law that should deal with Intellectual property rights. So, in 1883 International Intellectual Property law originated in Paris convention or the protection of industrial property and inventions in 1883. Later in the year 1886, the Berne Convention was signed for the rights related to literature work and arts. 

Intellectual properties rights in India are governed under the acts like the Trade Marks Act, The Patents Act, and The Copyright Act, 1957 etc. 

Conclusion

 However, with the rise in digitalization in the whole world, there is a dire need to upgrade the legislation dealing with the intellectual property online in our country. According to the news by the guardian newspaper, Chinese hackers hacked the blueprint of USA’s F35 fighter jets. One can think that if such a thing of ultimate national importance can be theft, then how easily the intellectual property of common people is in danger. With the growing instance of infringement of intellectual property right, via cyber theft, the world now needs an international legislation that should be concrete and binding in order to stop such instances otherwise it would lead to consequences staring from creating problem for common man to creating disequilibrium in the world peace.