AN

INTELLECTUAL
PROPERTY INTRODUCTION
 WHY ENGINEERS NEED IP LAW?
• Engineers deal with highly technical concepts, designs and products, and the laws affecting an engineer’s
work can be as complex as the work itself.
• Follow regulations.
• Know which permits are necessary in which circumstances.
• Protect their work.
• Know the boundaries of liability.
• Avoid lawsuits.
• Negotiate contracts.
• Know when to contact a lawyer.
• Most of the activities turn into intellectual creation.
• As students-
• Eg- you develop new device, automobile-patent protection
• Licensing your developed technology
• Write a research paper- copyright protection
WHAT IS AN IPR?
 RIGHTS
• A claim or title to or interest in anything whatever that is enforceable by law-
Webster dictionary.
• something to which one has a just claim.

• A Right is an interest recognized & protected by rule of legal justice

• A right is a privilege which puts an obligation on other person not to act
against it
• A right is always backed by a duty
• Rights may be of two kinds:

• Moral Right- A moral right is an interest recognized by morality

• “moral rights” are “established through mutual respect by people and
community regardless of rule of law”
• Eg- right to be fed, saved during accidents

• Legal Rights –A legal right is an interest protected by rule of law

• A legal right is established through a legal process

• Eg – right to vote , right to education,

 PROPERTY
• Any object of value that a person may lawfully acquire & hold , anything that may be owned . Eg-
stocks, land ,house
• Property means the overall control over an object owned & possessed by a person
• Property will always have an owner

• Property is not limited to physical control

• It is a bundle of rights accorded to the owner & includes:
• Right to peaceful Enjoyment.
• Right to alienate – transfer
• Right to dispose off
• Property may be in different forms

• Tangible Property/Corporeal Property - 

Corporeal property is the right of ownership in material things.

• Corporeal property is always visible and tangible. Corporeal property can
be perceived by senses. It can be seen or touched.
• They existence is in time & space
• Eg- house , car , bike etc.
• Incorporeal property/ Intangible Property also called as intellectual or conventional property.  it includes
all those valuable interests which are protected by law.
• Incorporeal property is always intangible.
• It cannot be touched or perceived by Senses.
• Eg- copyright, patents , mortgages, securities
Movable Property - 

              Movable property is one, which can be transferred from one place to another place with the

human efforts.

Immovable Property -

   According to the General Clauses Act, 1897 "Immovable property includes land, benefits arising out of

land and things attached to the earth or permanently fastened or anything attached to the earth."

     According to the Indian Registration Act, "immovable property includes land, building,  hereditary

allowance, rights of way, lights, Ferries, Fisheries or any other benefit to  arise  out of land and things

attached to the earth or permanently fastened to anything attached to the earth but not standing Timber,

growing crops or grass.

According to Salmond immovable property (i.e., land) has the following elements-

         A) a determinate portion of the surface of the earth.

         B) The ground beneath the surface down to the center of the earth

         C) The column of space above the surface ad infinitum.

         D) All objects which are on or under the surface in its natural state for example-minerals natural
vegetation, or stones lying loose upon the surface.

         E) An object placed by human agency on or under the surface of the land with the intention of permanent an annexation
for example, House walls, Doors,  Fences, etc.
• Public property and private property -
• Having regard ownership property is either public or private –
•  Public property-
           Public property is that owned by the public as such in some governmental
capacity. Public property is used as a designation of which are Public Juris and
therefore, are considered as being owned by the public. the entire state or the
community and not restricted to the domain of private person or that which
belongs to a state or political constituents like provinces etc

• Private property -
          The private property is that which is owned by an individual or some other
private person.
 INTELLECTUAL
• Intellectual refers to products that are result out of our human intellect
• This intellect is the ability to think & understand ideas
• An idea is a product of careful thinking

• There is a difference between the mental intellect & physical skills

• The intellectual creation acknowledges the values of mental effort
something especial to the human beings
 INTELLECTUAL PROPERTY
• Intellectual Property is something produced using human
intellect which has commercial value.
• Often intangible in nature, but usually contained on a
tangible, fixed medium- paper, CD, computer chips…..
• Intellectual property (IP) refers to creations of the mind:
• Creativity is the ability to –
• Think / come up with new idea –
• Design new “inventions” –
• Produce “works of art” –
• Solve problems in new ways, or develop a new idea based on an “original”
knowledge. –
• Novel or unconventional approach.
• IP emanates from human labor

• Intellectual Property is an asset and as such it can be bought, sold, licensed

or exchanged.
• In simple terms Intellectual Property is a product of human intellect, skill and
labor.
• It may be in form of generation of new product or process having industrial
application
• Intellectual property refers to creations of the mind:
• inventions.
• literary and artistic works; and symbols,
• names and images used in commerce– WIPO Definition of IP
 INTELLECTUAL PROPERTY RIGHT

• not to be confused with IP

• it is a right vested in the asset, not the asset itself

• e.g.
• an idea / invention is IP, a patent registration is an IPR
• a customer / price list is IP, a right of confidentiality is an IPR
• a secret production method is IP, a right to a trade secret is an IPR
• a particular way of representation is IP, copyright or a design
registration is an IPR
• a brand / trade name is IP, a trade mark registration is an IPR
 INTELLECTUAL PROPERTY RIGHTS
• Intellectual Property Rights (IPR) gives them this protection, as well as
helping them exploit and control their IP.
• “The exclusive right granted by State, to prevent others from using,
manufacturing, distributing - inventions, processes, applications, new and
original designs, trademarks, new plant varieties, data bases and artistic
and literary works”.
• Such a person is known as ‘rights owner' or ‘rights holder’.
• Ip protects the mental effort of the human creating a product
• Ip describe the character of the things they protect
• Eg – a new invention – patents
• An invention is created out of the intellect

• IP is granted only to humans- as they ae product of human intellect

• Eg – no copyright to the photograph of the laughing ape,
• No copyright to the poetic work of the robot
• protects application & expression of ideas but not the ideas itself
• Eg crime scene novel, romantic novel,
• Same ideas can be there but expression cannot be the same
• Agatha Christi
 CHARACTERISTICS OF
INTELLECTUAL PROPERTY
• Property right
• Proprietary in nature
• Can be bought , sold, mortgaged & licensed
• A valuation can be done for contractual or accounting purpose
• There is difference between proprietary rights in tangible & intangible
property
• Eg letter , pen
• Territorial in nature
• They are granted as a result of grant given under national legislation of a
country
• It is effective only in the country where registration is done
• For protection in other countries a new registration has to be done in the
other state
• Eg patents & trademarks
• Monopolistic in nature’
• They are exclusive rights
• Owner of right can only commercially exploit the value of his IP
• Eg right of reproduction of copyright in any song, letter, book

• Provides the right holder with power to prevent from using the Ip without the
permission or license
• Unauthorized use of patented technology is a infringement & can lead to
legal action
• Protectable by law
• Generally IPs are protected by a law – enforceable by law
• There is a provision for protection of the IP, a specific provision against their
abuse
• Remedies in cases of infringement
• Eg Patents- Indian Patents Act,1970
• The Indian Copyright Act,1957.
• The Trademarks Act, 1999.
• Intangible
• Cannot be perceived by senses
• To claim protection- need of description
• This description is done through process of registration
• Patent – registered through specification
• Trademark – description of mark
• Design- design specification
• Copyright- requires no registration
Tenure based in nature
• Depends upon the utility of work in the interest of the society
• There will be a fixed tenure after which the Ip will fall into public domain
• Duration based ownership
• Eg – patents tenure-20 years
• Copyright- author’s life + specific number of years (60 years in India)
• Design – 15 years