INTELELCTUAL PROPERTY

INTELELCTUAL PROPERTY RIGHTS | INTELELCTUAL PROPERTY     In intellectual property rights, the term Intellectual Property is used to refer the copyrights, trademarks, patents, industrial designs and confidential information's. All that which is produced or originated by the human skill, intelligence, labour and effort is called as Intellectual Property. The industrial revolution and the rapid developments made in the field of science, technology and culture, new kinds of property came into existence.   The concept of Intellectual Property has gone a sea change after the Second World War. New rights and properties like patents and industrial design which came to be known as intellectual property rights received increased attention due to their unique characteristics and the possibilities of their violation easily. The Intellectual Property which is a part of municipal law has taken deep roots in international law as the developed and developing nations have taken note of its importance. Various international conventions, treaties and agreements have been entered into and the countries have passed necessary legislations to protect intellectual property rights.   The term property is synonymous with ownership. Property is an appropriation of an object by the individual and the acceptance of this appropriation on the part of the rest of the society. The concept of ownership has a certain kind of position which the owner enjoys in the control or use of a thing to the exclusion of others. Ownership is a right fostered and protected by law for the exclusive use, enjoyment and disposal of a thing.     Intellectual property is divided as tangible and intangible properties. The intellectual property namely patent, copyright, industrial design and trade secret are intangible properties. Intellectual property is that property which is created by human intelligence or mental labour and is mostly in intangible form even though it can be reproduced in tangible forms.   Intellectual Property may be divided into industrial property and literary property. The industrial properties are patents, trademarks, industrial designs and layout designs. The patents may be again divided into product patent and process patent.   The literary property may be classified as copyright and neighboring rights. The neighboring rights are performer's rights and broadcasting rights. The copyright covers artistic, musical, dramatic and literary works.   Copyrights, trademarks, designs and patents are intangible personal property whereas land, building are tangible immovable properties. Intellectual property is property in legal sense, it is something that can be owned and dealt with. The rights of intellectual property are created and protected by statutes. The inventions may relate to a new product or an improvement of an existing product or a new process of manufacturing of existing new product. Intellectual property is invisible and simply does not exist without legal rules making it exist and its value is only as good as the law that is enforcing it.   The intellectual property rights are private rights. The immaterial products of a man's brain may be as valuable as his land or his goods. The various statutes therefore confer on him a proprietary right in it. The unauthorized use of it by other person is a violation of his ownership and the owner of the intellectual property can take action against infringement of his rights. There is no criminal remedy available for the infringement of a patent or of a registered design.

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