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Introduction to IPR
Traditionally properties classified into movable and immovable.Such property is called as corporal or tangible property that is having body in existence which can be seen and touched. There is a third category of property conceptualized in medieval Europe “incorporeal or intangible property”, which is beyond physical perception that is it can be sensed by any of five Physical senses – called intellectual properties.
Meaning of Intellectual property:
- Any property created by human being can be said to be intellectual property
- The defining characteristic of intellectual property is the Exclusive use of mind and in its creation to the exclusion of any assistance of material objects
- Professor Nilbett while describing intellectual property as most basic form of property explains why it is called so, “because man uses nothing to produce it other than his mind”.
Thus intellectual property in its proper Science can be defined as property that is created by man making use of nothing but his intellect.
A literary work that is copied from an existing but cannot be termed as intellectual property though to be eligible for protection under copyright law the work need not be expression of original idea.In fact, copying of any copywrited work without due permission of a owner is penal offence under intellectual property laws and the person copying such works acquires no copyright in the work so copied
A design to be eligible for registration must be new or original and not previously published in India. A design would also be registrable if the pattern the already known is applied to a new article
Illustration:The shape of cap applied to lead of water bottle
The test is though the design itself may not be new it must be novel in respect to its application to material object.
So far as the creation of The trademark is concerned little creativity goes into its creation but still it must have some distinctive characteristic and must be capable of distinguishing goods or services of one person from those of another.
The same principle of Novelty applies to an invention. Under patent laws, to be eligible for patent, the invention must involve any innovation of technology that the knowledge of which is not previously acquired that is not anticipated by Publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification