IPR ,Intellectual Property Rights is to protect the legal rights of any intellectual property, that is of inventors originality and to encourage more innovation and creation. There is no any exact definition of it.
It said that when there is right there is remedy. Though IPR not have any codified law but it’s enforcement is so strong. WIPO abbreviation World Intellectual property office look and govern the Intellectual Property Rights, it’s headquarter in Geneva.
The WIPO is of countries around the world it’s signatory members and it works independently as in form of organization.
- Intellectual Property Rights are exclusive rights, they are not given to community unless GI.
- IPR are of limited duration not perpetual.
- Not perpetual as it against public interest in case of essential goods. For creating balance Competition law.
- IPR are territorial once protected not always protected.
- Patent Cooperation Treaty in this countries sign and became it’s signatory members, Once they become member, it’s binding and statutes has to be made by signatory members in there state law, Pacta sunt servanda it made obligatory to members.
Meaning of intellectual
The meaning of intellectual is Intellect and in hindi it is called बौद्धिक. The creation of any things by applying efforts and of conscious by any individual human is intellectual.
Property meaning, IPR
The property that is something owned or possessed. It is of 2 classification one is Tangible and other is Intangible. There are mainly Four features that property have :-
- Own
- Enjoy
- Transfer / dispose
- Destroy
Property owned by individual / person may be of non created by him or created by him. Means in this 2 non created and created in both acquisition of the property happen.
Tangible property
As the name itself denote as the property that is can be touched or percieved by sense’s of organ is Tangible. Thus , its the materialistic things or substance can be called as Tangible property.
Example :- Table, fan, house, computer hardware, etc and other materialistic substance or things.
Intangible property, IPR
The opposite of tangible is Intangible means the intellectual things which can not be touched, only perceived by conscious is Intangible. And the property that evaluate from it, is called Intangible property.
Example:- computer devices software, poetry , kahani etc. And other inventions or creation by conscious of any human.
Right to Own property
The property hold by original owner and have all the rights regarding that property means can sale, dispose, transfer etc. Is said as the owned property.
Enjoyment right of property
The enjoy of the property is nothing but the delight or pleasure of any property, which it may be by original owner or it may not by original owner.
Example:- A car that is owned and registered by father , the son enjoy the car by driving. Here the car not owned by son, but he enjoys the property, here the property is car, which is registered on fathers name.
Right to Transfer or dispose of property
The right to Transfer or disposal of property I.e the property which owned or possessed may be transferred to another individual / entity or it may be disposed only by the original owner. Here the disposal reference to materialistic substance that is invented or create with conscious effort originally.
Meaning of Rights
The rights are nothing but the legally protected interest by status, law , Constitution etc, to an individual, entity, citizen , non-citizen etc.
Can rights be sale and transfer ? IPR
Yes, rights can be sale and also can be transferred, but not all rights, there are several statutes and law which deals and talks about the right which can be transferred and sale such as Transfer of Property act, sale and goods act etc.