RIGHTS IN RE PROPRIA IN IMMATERIAL THINGS - www.lawkaro.com

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(INTELLECTUAL PROPERTY)

Proprietary rights are both about material and immaterial things. Material things are physical objects, and all other things that may be a right’s subject matter are immaterial. They are various immaterial products of human skill and labour. These immaterial forms of property are as follows: 

Intellectual rights are a type of incorporeal property. This kind of incorporeal property recognition and protection have been of recent origin. The justification in accepting these types of property lies in the fact that what a man produces belongs to him, and the immaterial product or a person’s intellect may be valuable as any other material property. Examples of this type of property are patents, literary, artistic, musical and dramatic copyrights, commercial goodwill, etc.

THE VARIOUS TYPES OF INTELLECTUAL PROPERTY ARE:

PATENTS

The subject matter of a patent right is an invention such as the idea of a new process, instrument or manufacture. The person by whose skill or labour the invention or a new process or manufacture is ‘introduced’ has the exclusive right of the patent in it. This is granted to the inventor by the state.

The Indian Patents & Designs Act provides that a person who has registered a patent gets the exclusive right to use or sell the patented invention for fourteen years. Any person who, whether with or without the knowledge of the existence of the patent right, infringes the same, maybe restrained by injunction and, if he knowingly infringes the patents, shall be liable for damages. 

COPYRIGHT

The subject matter of the right is the literary expression of facts or thought. This right may be available to writers, painters, engravers, photographers, musical and dramatic personnel for their outstanding work. 

When such a person does some creative work by utilising his intellect, skill and labour, he is entitled to exclusive copyright, an immaterial form of property. In short, copyright may be literary copyright or artistic copyright or musical and dramatic copyright.


READ MORE ABOUT INTELLECTUAL PROPERTY RIGHTS AT - https://www.lawkaro.com/rights-in-re-propria-in-immaterial-things-intellectual-property.html

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