UNIT-1: INTRODUCTION TO IPR By Dr. Ms.

Vrushali V Sasane
sasanevrushalicivil@sanjivani.org.in
CONTENTS
Concept of IPR
History behind development of IPR
Necessity of IPR and Steps to create the awareness of IPR
Concept of IP Management
CONCEPT OF INTELLECTUAL PROPERTY RIGHTS (IPR)

World Intellectual Property Organization (WIPO) delines Intellectual

Property (IP) as the creations of the mind: inventions, literary and
artistic works, and symbols, names, images, and designs, used in
commerce.
PROPERTY?
Property is something over which a person has a right of ownership.Two types
of property
Tangible property-one that is physically present
Intangible property- one which is not in any physical form.
 INTELLECTUAL PROPERTY VS. PHYSICAL PROPERTY
Property can be broadly categorized into physical property and intellectual property.

Physical Property Intellectual Property

Physical property exists in the physical and is tangible intellectual property is intangible in nature.
physical property will invariably include physical resources, such as metals, Intellectual property is purely creation of human mind
construction material etc. that have physical existence.
physical property can be both private and public in nature. intellectual property is essentially private in nature, Le belongs either to a
natural person or legal person (companies, institutions)
Physical property may be available in limited quantity worldwide No such limitation exists on intellectual property as it can be created without
any end.
Similarities
Like physical properties such as buildings, automobiles, etc. intellectual property can be owned, bought and sold, rented, protected and infringed upon by
the others.
Right of exclusivity available on the physical property (excluding/refraining others from the use of property) is also available on intellectual property and
legal remedies, and damages can be claimed in case of infringements.
HISTORY OF IPR

Intellectual property rights are granted since ancient times in India. During the
Harappa civilization, special marks were identified on the pottery indicating as
trademarks. With respect to global scenario, in 1300s at Alp Mountains, the people
who identified the mines for the first time used to dictate terms on the surrounding
available resources like water, wood. In Germany, in 1409, a special privilege was
given in construction of model mill to store grains. In order to encourage creators,
exclusive rights were granted for stained glass in England. An exclusive right was not
granted by English for playing cards as they already existed in the public domain. In
United States, exclusive rights were granted for hopper boy. French have taken a
step ahead in registration and examination of the intellectual property rights before
grant of exclusive rights.
Initially, inventions were kept secret so that it is well protected. As technology
developed, as a matter of national prestige the inventions were exhibited. In 1867,
Germany received the first genuine recognition as an industrial nation in an exhibition
held at Paris. During Vienna exhibition, in 1873, it was the American who refused to
participate in the exhibition to safeguard the intellectual property creations from
German nations. This led to origin of an international understanding as Paris
Convention for protection of intellectual property rights. The convention provided a
right of claiming priority among the countries who are the members of the
convention.
In Indian context, in 1856, the Act VI on protection of inventions based on the British
Patent Law of 1852 was established. During this period certain privileges were
granted to inventors of new manufacturers for a period of 14 year. In 1859, the act
was modified as Act XV in which making, selling, using of inventions in India and
authorizing others to do so for 14 years from the date of filing the specification. In
1872, the act was re-named as the The Patents and Design Protection Act, in 1883 as
The Protection of Inventions Act, in 1888 consolidated as The Inventions and Designs
Act and in 1911 as The Indian Patents and Designs Act.
 IMPORTANCE OF IPR
Intellectual property is assuming a greater importance with the rise of the knowledge economy. Since
agreement on Trade Related aspects of Intellectual Property Rights (TRIPS) under World Trade
Organization (WTO) intellectual property has started catching the fancy of the policy makers,
academicians and the business executives. A few salient points highlighting the importance of
intellectual property are cited as follows:
• Exclusive right on the use of IP is the biggest motivation behind creation of intellectual property.
Inventors and artists are encouraged to go for creative pursuits, only because ultimately exclusive
rights are available on the newly created IP. Creators can use these exclusive rights for getting
financial incentives and carry on their creative pursuits further.
• Intellectual property is the primary means of wealth creation in the society. Goods and services
created through intellectual property add on to the wealth of the inventors and entrepreneurs,
benefitting the whole society in the process.
• Customers are able to enjoy improved goods and services, and are exposed to fabulous
artistic and literary works on account of creation of IP.
• Business organizations are able to profit through increased revenue generation and creation
of entry barriers on account of exclusive manufacturing and marketing rights provided by
intellectual property.
• IP can also lead to cost saving for the society through better productionmethods and save
limited natural and physical resources from beingdepleted fast.
CLASSIFICATION OF PROPERTY
 CONCEPT OF IP MANAGEMENT
The term “IP Management” refers to the administration and organization of intellectual property
matters in institutions such as companies, public or private research institutions and any other entity
engaged in the creation and commercialization of immaterial rights. Typically, the management of IP
rights – which, for the purpose of this guide, include any immaterial asset that may have commercial
value or that may be required for facilitating future exploitation – requires a centralised organisation
responsible for overseeing the creation and commercial exploitation of rights.
The rights include, depending on the jurisdiction, registered patents, utility models, trade marks,
designs and plant variety rights as well as unregistrable rights including copyright in research
documents, computer programs, databases and database rights, unregistered design rights,
topography rights and any other immaterial asset including, of course, inventions prior to patent
application, and should also stretch to any other right such as domain names, rights in the name of an
institution and, ultimately, rights that have been acquired by way of a icense or assignment from third
parties.
For public research institutions and universities, IP awareness plays a central role both as
regards prospects for a further commercialization of assets as well as for reasons of
strengthening research and teaching reputation. Thus a proper IP management scheme allows
universities in general enhanced freedom of operation, by enabling technology transfer and
establishing a patent culture.
Important aspects of IP management therefore refer to:
⊲ the on-going monitoring of whether rights have been, or are likely to be created,
⊲ the establishment of ownership of such rights,
⊲ the collation and documentation of existing rights (registered and unregistered),
⊲ the documentation and preparation of licensing contracts and other agreements (such as
collaborative projects or joint ventures),
⊲ the documentation of ownership and aspects such as the valuation of rights or,
⊲ the establishment of non-disclosure or IP audit policies.
STRUCTURE OF IP MANAGEMENT
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